AUKMIN 2009

Owen · Jun 20, 2026

Date:	15 February 2009 - 18 February 2009
Location:	Perth, Western Australia
Attendees:	Australian Minister for Foreign Affairs, Kevin Rudd Australian Minister for Defence, John Faulkner United Kingdom Secretary of State for Foreign and Commonwealth Affairs, James Carr United Kingdom Secretary of State for Defence, Thomas Ward
Security:	Australian Federal Police Western Australia Police Force

Agenda (secret)

Day 0	Arrival at Perth International Airport. Guests formally welcomed by the British High Commissioner to Australia. Guests to be escorted via COMCAR and WA Police motorcade to accommodation.
Day 1	Formal welcoming at Government House, Perth with Her Excellency The Right Honourable Dame Kerry Sanderson, Governor of Western Australia and the Premier of Western Australia, The Honourable Mark McGowan. Inspection of a half guard of honour of the Federation Guard in the forecourt of Government House to be conducted with the Governor and the two visiting guests. Shortly thereafter, the national anthems of Australia and the United Kingdom are to be played by the Australian Army Band, Perth and a 19 gun salute will be performed over the Swan River from the Supreme Court Gardens. Formal meetings to commence at the Commonwealth Parliament Offices within the Exchange Tower at 2 The Esplanade: Introduction and explanation of the draft Australia-United Kingdom Free Trade Agreement. Update on the progress of the internal processes of approving and funding the British Army Jungle Training School. General discussion on the current state of geopolitics and any concerns to be raised between the two partners.
Day 2	Formal meetings to continue at the Commonwealth Parliament Offices within the Exchange Tower at 2 The Esplanade: Broader discussion on the Australia-United Kingdom Free Trade Agreement and any necessary amendments/queries to be acknowledged and rectified in order to finalise the agreement for signing. Discussion on the establishment of a Australia-United Kingdom Chamber of Commerce. Discussion on the outcome of the U.S. presidential election and how the two partners should approach their relationship with the United States moving forward, including through trilateral arrangements. Discussion on a path forward to repair Australia-Sweden relations, including a potential summit to be held in the United Kingdom, in order to avoid placing the United Kingdom and the United States in a quagmire. Discussion on broader regional security and what role the United Kingdom can play in the Asia-Pacific region, including their relationship with Korea, Thailand and China. Discussion on and agreement to an amendment of the Defence and Security Cooperation Agreement to add a Status of Forces Agreement as an annex to the agreement as well as associated amendments to the core text in order to facilitate the addition of the annex. Both parties to travel to Rottnest Island via ferry and meet with Quokkas and to have discussions with local businesspeople about the importance of tourism from the United Kingdom for the area.
Day 3	Formal meetings to continue at the Commonwealth Parliament Offices within the Exchange Tower at 2 The Esplanade: Discussion on other areas of the Australia-United Kingdom Defence and Security Cooperation Agreement which could be expanded or enacted on, including the rotation of the British Armed Forces through Australia, similar to the arrangements between Australia and the United States. Discussion on the best path forward with Commonwealth of Nations arrangements with nations such as Canada and India. Discussion on the future and expansion of the South Pacific Forum, pending renewed French interest. Formal signing of the Australia-United Kingdom Free Trade Agreement is to take place at the State War Memorial in Kings Park, overlooking the Swan River. Both parties are to travel to Campbell Barracks in the suburb of Swanbourne and to meet with members of the Australian Special Air Service Regiment Both parties are to travel to HMAS Stirling on Garden Island (connected via causeway to the suburb of Rockingham) and meet with members of the Royal Australian Navy and the United States Navy. A formal farewell reception is to be held at the Government House Ballroom and hosted by Her Excellency and Premier Mark McGowan.

Free Trade Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland

Preamble

The Government of Australia (hereinafter referred to as "Australia") and the Government of the United Kingdom of Great Britain and Northern Ireland (hereinafter referred to as “the United Kingdom”), hereinafter each individually referred to as a “Party” or collectively as the “Parties”,

REINFORCING the longstanding bonds of friendship, cooperation, and people to people linkages between them;

RESOLVING to strengthen their economic relations, and further liberalise and expand bilateral trade and investment;

DETERMINED to build on their rights and obligations under international agreements to which they are both parties;

SEEKING to establish clear and mutually advantageous rules governing their trade and investment, to promote a predictable business environment, and eliminate barriers between them;

RECOGNISING the importance of ensuring certainty for service suppliers, including by agreeing to commitments enabling the temporary entry of business persons to supply services in each of the Parties' territories;

RECOGNISING the Parties' respective autonomy and rights to regulate within their territories in order to achieve legitimate public policy objectives such as the protection and promotion of public health, education, labour standards, social services, safety, the environment including climate change, and animal welfare;

RECOGNISING the strong and mutually supportive relationship between trade and innovation, and the contribution of both to economic growth and addressing shared challenges, and affirming the Parties' commitment to expanding their cooperation in this area;

SEEKING to encourage women's full access to and ability to benefit from this Agreement and support equitable participation in international trade and investment;

SUPPORTING the growth and development of small and medium-sized enterprises by enhancing their ability to participate in and benefit from the opportunities created by this Agreement;

NOTING the importance of facilitating new opportunities for businesses and consumers through digital trade, and addressing unjustified barriers to data flows and trade enabled by electronic means; and

RESOLVING to promote transparency, good governance, the rule of law, and prevent and combat bribery and corruption in international trade and investment,

HAVE AGREED as follows:

Article 1.1: Establishment of a Free Trade Area

The Parties hereby establish a free trade area in accordance with the provisions of this Agreement.

Article 1.2: Relation to Other Agreements

1. The Parties affirm their existing rights and obligations with respect to each other under existing international agreements to which both Parties are party.

2. If a Party considers that a provision of this Agreement is inconsistent with a provision of another agreement to which it and the other Party are party, the Parties shall, on request, consult with a view to reaching a mutually satisfactory solution. This paragraph is without prejudice to a Party's rights and obligations under Chapter 30 (Dispute Settlement).[1]

3. Nothing in this Agreement shall preclude the United Kingdom from adopting or maintaining measures in relation to cross-border trade between Ireland and Northern Ireland, or refraining from doing so, provided that such measures, or the absence of such measures, are not used as a means of arbitrary or unjustified discrimination against the other Party or as a disguised restriction on trade.

4.On request of either Party, the Parties shall hold consultations, in relation to the effects of a measure described in paragraph 3 the United Kingdom has adopted, or absence thereof,[2] on this Agreement and seek a mutually acceptable solution.[3]

Article 1.3: Laws and regulations and their amendments

Where reference is made in this Agreement to laws or regulations of a Party, those laws or regulations shall be understood to include amendments thereto and successor laws or regulations, unless otherwise specified.

Article 1.4: General Definitions

For the purposes of this Agreement, unless otherwise provided in this Agreement:

“Agreement” means the Free Trade Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland;

“central level of government” means:

(a) for Australia, the Commonwealth Government; and

(b) for the United Kingdom, Her Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland;

“Joint Committee” means the Australia-United Kingdom Joint Committee established under Article 29.1 (Establishment of the Joint Committee – Administrative and Institutional Provisions);

“covered investment” means, with respect to a Party, an investment in its territory of an investor of the other Party in existence as of the date of entry into force of this Agreement, or established, acquired, or expanded thereafter;

“customs authority” means:

(a) for Australia, the Department of Home Affairs, or its successor; and

(b) for the United Kingdom, Her Majesty’s Revenue and Customs or its successor or where relevant, any other authority responsible for customs matters within its territory. For greater certainty, with respect to the provisions of this Agreement which apply to the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, ‘customs authority’ shall also mean:

(i) with respect to the Bailiwick of Jersey, the Jersey Customs & Immigration Service or its successor;

(ii) with respect to the Bailiwick of Guernsey, Guernsey Customs & Excise or its successor; and

(iii) with respect to the Isle of Man, the Customs and Excise Division, Isle of Man Treasury or its successor;

“customs duty” includes any duty or charge of any kind imposed on or in connection with the importation of a good, including any form of surtax or surcharge imposed on or in connection with such importation, but does not include any:

(a) charge equivalent to an internal tax imposed;

(b) fee or other charge in connection with the importation commensurate with the cost of services rendered; or

(c) antidumping or countervailing duty applied;

“days” means calendar days;

“enterprise” means any entity constituted or organised under applicable law, whether or not for profit, and whether privately or governmentally owned or controlled, including any corporation, trust, partnership, sole proprietorship, joint venture, association or similar organisation;

“existing” means in effect on the date of entry into force of this Agreement;

“good” means any merchandise, product, article, or material;

“goods of a Party” means domestic products or such goods as the Parties may agree, and includes originating goods of a Party;

“government procurement” means the process by which a government obtains the use of or acquires goods or services, or any combination thereof, for governmental purposes and not with a view to commercial sale or resale or use in the production or supply of goods or services for commercial sale or resale;

“Harmonized System (HS)” means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes, Chapter Notes, and Subheading Notes as adopted and implemented by the Parties in their respective laws;

“heading” means the first four digits in the tariff classification number under the Harmonized System;

“measure” includes any law, regulation, procedure, requirement or practice;

“national” means:

(a) for Australia, a natural person who is an Australian citizen as defined in the Australian Citizenship Act or a permanent resident; and

(b) for the United Kingdom, a British citizen in accordance with its applicable laws and regulations, or a permanent resident;

“originating” means qualifying as originating under the rules of origin in Chapter 4 (Rules of Origin and Origin Procedures);

“person” means a natural person or an enterprise;

“person of a Party” means a national or an enterprise of a Party;

“regional level of government” means:

(a) for Australia, a state of Australia, the Australian Capital Territory or the Northern Territory;

(b) for the United Kingdom:

(i) England, Northern Ireland, Scotland or Wales; or

(ii) Her Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland in respect of England, Northern Ireland, Scotland or Wales but not the United Kingdom as a whole;

“recovered material” means a material comprising one or more individual parts that results from:

(a) the disassembly of a used good into individual parts; and

(b) the cleaning, testing or other processing of those individual parts as necessary for improvement to sound working condition;

“remanufactured good” means a good classified in HS Chapters 84 through 90, or under heading 94.02, except a good classified under HS headings 87.02, 87.03, 87.04, 87.05, 87.11 and 87.16, or subheading 8701.20[4] that:

(a) is entirely or partially comprised of parts that are recovered materials;

(b) has similar life expectancy, working conditions and performance to the equivalent good in new condition; and

(c)  is given  a warranty in substance the same as the equivalent good in new condition;

“sanitary or phytosanitary measure” means any measure designed to protect human, animal, and plant life from diseases, pests, and toxic contaminants;

“SME” means a small and medium-sized enterprise, including a micro-sized enterprise;

“state enterprise” means an enterprise that is owned, or controlled through ownership interests, by a Party;

“subheading” means the first six digits in the tariff classification number under the Harmonized System; and

“territory” means:

(a) for Australia, the territory of Australia:

(i) excluding all external territories other than the Territory of Norfolk Island, the Territory of Christmas Island, the Territory of Cocos (Keeling) Islands, the Territory of Ashmore and Cartier Islands, and the Coral Sea Islands Territory; and

(ii) including Australia’s territorial sea, contiguous zone, exclusive economic zone and continental shelf over which Australia exercises sovereign rights or jurisdiction in accordance with international law;

(b) for the United Kingdom:

(i) the territory of the United Kingdom of Great Britain and Northern Ireland including its territorial sea and airspace;

(ii) all the areas beyond the territorial sea of the United Kingdom, including the sea-bed and subsoil of those areas, over which the United Kingdom may exercise sovereign rights or jurisdiction in accordance with international law;

(iii) the Bailiwicks of Guernsey and Jersey and the Isle of Man (including their airspace and the territorial sea adjacent to them), territories for whose international relations the United Kingdom is responsible, as regards:

(A) Chapter 2 (Trade in Goods);

(B) Chapter 4 (Rules of Origin and Origin Procedures);

(C) Chapter 5 (Customs Procedures and Trade Facilitation);

(D) Chapter 6 (Sanitary and Phytosanitary Measures); and

(E) Chapter 25 (Animal Welfare and Antimicrobial Resistance);

(iv) any territory for whose international relations the United Kingdom is responsible and to which this Agreement is extended in accordance with Article 32.4 (Territorial Extension – Final Provisions).

Footnotes

[1] For the purposes of application of this Agreement, the Parties agree that the fact that an agreement provides more favourable treatment of goods, services, investments or persons than that provided for under this Agreement does not mean that there is an inconsistency within the meaning of paragraph 2.

[2] For greater certainty, this refers to a measure described in paragraph 3 which is adopted after entry into force of this Agreement or the absence of such measure.

[3] This paragraph is without prejudice to Article 28.5 (Provision of Information - Transparency and Anti-Corruption).

[4] For greater certainty, the references to the tariff classification number of the Harmonized System in this definition are based on the Harmonized System.

Article 2.1: Definitions

For the purposes of this Chapter:

“consular transactions” means the procedure of obtaining from a consul of the importing Party in the territory of the exporting Party, or in the territory of a non-party, a consular invoice or a consular visa for a commercial invoice, certificate of origin, manifest, shippers’ export declaration, or any other customs documentation in connection with the importation of the good;

“export licensing procedure” means an administrative procedure requiring the submission of an application or other documentation, other than that generally required for customs clearance purposes, to the relevant administrative body of the exporting Party as a prior condition for exportation from the territory of the exporting Party; and

“import licensing procedure” means an administrative procedure requiring the submission of an application or other documentation, other than that generally required for customs clearance purposes, to the relevant administrative body of the importing Party as a prior condition for importation into the territory of the importing Party.

Article 2.2: Scope

Unless otherwise provided, this Chapter applies to trade in goods of a Party.

Article 2.3: National Treatment

Each Party shall accord national treatment to the goods of the other Party.

Article 2.4: Classification of Goods

The classification of goods in trade between the Parties shall be in conformity with the Harmonized System.

Article 2.5: Treatment of Customs Duties

1. Unless otherwise provided in this Agreement, neither Party shall increase any customs duty existing on entry into force or adopt any new customs duty, on an originating good.

2. Unless otherwise provided in this Agreement, each Party shall progressively reduce or eliminate its customs duties on originating goods in accordance with its Schedule to Annex 2A (Tariff Commitments).

3. Where and for so long as a Party’s applied most-favoured-nation customs duty rate for a particular good is lower than the rate applicable pursuant to paragraph 2 above, the Party shall apply the lower rate to originating goods of the other Party classified under the same tariff line as the particular good.

4. On the request of a Party, the Parties shall consult to consider accelerating or broadening the scope of the elimination or reduction of customs duties set out in their Schedules to Annex 2A (Tariff Commitments).

5. A Party may at any time unilaterally accelerate the elimination or reduction of customs duties set out in its Schedule to Annex 2A (Tariff Commitments) on originating goods of the other Party. The Party shall inform the other Party as early as practicable before the new rate of customs duty takes effect.

6. For greater certainty, a Party may raise a customs duty to the level established by its Schedule to Annex 2A (Tariff Commitments) following any unilateral reduction.

Article 2.6: Goods Re-entered after Repair or Alteration

1. Neither Party shall apply a customs duty to a good, regardless of its origin, that re-enters the Party’s territory after that good has been temporarily exported from the Party’s territory to the territory of the other Party for repair or alteration, regardless of whether that repair or alteration could have been performed in the territory of the Party from which the good was exported for repair or alteration or increased the value of the good.

2. Paragraph 1 shall not apply to a good where, prior to the good’s export to the other Party for repair or alteration, the good:

(a) was not in free circulation in the exporting Party; and

(b) did not have a customs duty applied to it by the exporting Party.

3. Neither Party shall apply a customs duty to a good, regardless of its origin, admitted temporarily from the territory of the other Party for repair or alteration.

4. For the purposes of this Article, “repair or alteration” does not include an operation or process that:

(a) destroys the essential characteristics of a good or creates a new or commercially different good;

(b) transforms an unfinished good into a finished good; or

(c) substantially changes the technical performance or the function of a good.

Article 2.7: Application of Non-Tariff Measures

1. A Party shall not adopt or maintain any non-tariff measure on the importation of any good of the other Party or on the exportation of any good destined for the territory of the other Party, except in accordance with its rights and obligations under an international agreement or in accordance with this Agreement.

2. Each Party shall ensure details of its non-tariff measures permitted in paragraph 1 of this Article are made available in a manner as to enable interested parties to become acquainted with them.

Article 2.8: Technical Consultations on Non-Tariff Measures

1. Subject to paragraph 2, a Party may request technical consultations with the other Party on a non-tariff measure covered by Article 2.7 (Application of Non-Tariff Measures) where it considers the non-tariff measure to be adversely affecting its trade. The request shall be in writing and shall clearly identify the non-tariff measure, explain how the non-tariff measure adversely affects trade between the Parties, and, if possible, provide suggested solutions.

2. Where a non-tariff measure is covered by another Chapter which provides for a consultation mechanism with the other Party, that consultation mechanism shall be used, unless otherwise agreed between the Parties.

3. Within 30 days of receipt of a request under paragraph 1, the responding Party shall provide a written reply to the requesting Party.

4. Within 30 days of the requesting Party’s receipt of the reply, the Parties shall enter into technical consultations with a view to reaching a mutually satisfactory solution.

5. If the requesting Party considers that the subject of the request under paragraph 1 is urgent or involves perishable goods, it may request that technical consultations take place within a shorter time frame than that provided for under paragraph 2. The responding Party shall give prompt and reasonable consideration to that request.

6. The technical consultations under this Article shall be without prejudice to each Party’s rights and obligations pertaining to dispute settlement proceedings under Chapter 30 (Dispute Settlement).

Article 2.9: Import and Export Restrictions

Unless otherwise provided in this Agreement, neither Party shall adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party.

Article 2.10: Import Licensing

1. Neither Party shall adopt or maintain a measure that is inconsistent with widely-accepted import licensing practices.

2. A Party shall publish on an official government website any new or modified import licensing procedure. To the extent possible, the Party shall do so at least 21 days before the new procedure or modification takes effect.

3. In respect of any import licensing procedures, each Party shall describe any limitations on permissible end users of the product and any conditions the Party imposes on eligibility for obtaining a licence to import the product.

4. At the request of a Party, the other Party shall, with regard to any import licensing procedures that it has adopted or maintains, or changes to existing import licensing procedures:

(a) promptly provide the information in regards to the import licensing procedure; and

(b) promptly and to the extent possible provide any other relevant information.

Article 2.11: Administrative Fees and Formalities

1. Each Party shall ensure that all fees and charges of whatever character (other than export taxes, custom duties, charges equivalent to an internal tax, and antidumping and countervailing duties) imposed on or in connection with importation or exportation are limited in amount to the approximate cost of services rendered, and do not represent an indirect protection to domestic goods of a taxation of imports or exports for fiscal purposes.

2. Neither Party shall require consular transactions, including related fees and charges, in connection with the importation of a good of the other Party.

3. Each Party shall make publicly available online a current list of the fees and charges it imposes in connection with importation or exportation, including any updates or changes to such fees and charges. An adequate time period shall be accorded between the publication of new or amended fees and charges and their entry into force, except in urgent circumstances. Such fees and charges shall not be applied until information on them including the reason for such fees and charges, the responsible authority, and when and how payment is to be made, has been published.

Article 2.12: Export Duties, Taxes or Other Charges

Neither Party shall adopt or maintain any duty, tax, or other charge on the export of any good to the territory of the other Party, unless the duty, tax, or other charge is also applied to a like good destined for domestic consumption. For the purposes of this Article, charges shall not include fees or other charges imposed in accordance with Article 2.11 (Administrative Fees and Formalities).

Article 2.13: Export Subsidies

The Parties affirm their commitments not to adopt or maintain an export subsidy on any good.

Article 2.14: Export Licensing

1. Within 60 days of the date of entry into force of this Agreement, each Party shall notify the other Party of its existing export licensing procedures. A Party shall be deemed to have complied with this paragraph if it has notified its export licensing procedures.

2. Each Party shall publish any new export licensing procedure, or any modification to an existing export licensing procedure. Such publication shall take place no later than 30 days after the procedure or modification takes effect.

3. For greater certainty, nothing in this Article requires a Party to grant an export licence, or prevents a Party from implementing its obligations under any international agreement, including but not limited to those under Global Assembly Resolutions (such as the Resolution on Strategic Ordnance Prohibition done at The Hague on 19 October 1995), as well as its commitments under multilateral non-proliferation regimes and export control arrangements.

Article 2.15: Remanufactured Goods

1. Unless otherwise provided for in this Agreement, neither Party shall accord to a remanufactured good of the other Party treatment that is less favourable than that it accords to equivalent goods in new condition.

2. Paragraph 1 shall not apply to consumer guarantees provided for in a Party’s laws and regulations.

3. If a Party adopts or maintains import and export prohibitions or restrictions on used goods on the basis that they are used goods, it shall not apply those measures to remanufactured goods. For greater certainty, Article 2.9 (Import and Export Restrictions) shall apply to prohibitions and restrictions on the importation of remanufactured goods.

4. Subject to its obligations under this Agreement, a Party may require that remanufactured goods be identified as such for distribution or sale in its territory and that they meet all applicable technical requirements that apply to equivalent goods in new condition.

Article 2.16: Committee on Trade in Goods

1. The Parties hereby establish a Committee on Trade in Goods (“the Goods Committee”), composed of government representatives of each Party.

2. The Goods Committee's functions shall include:

(a) reviewing and monitoring the implementation and operation of this Chapter, Chapter 3 (Trade Remedies), Chapter 4 (Rules of Origin), and Chapter 5 (Customs Procedures and Trade Facilitation);

(b) promoting trade in goods between the Parties, including through consultations on accelerating tariff elimination or reduction under this Agreement, and addressing non-tariff barriers on the importation of any good of the other Party or on the exportation of any good destined for the territory of the other Party;

(c) addressing issues relating to the administration and operation of tariff rate quotas and the application of product specific safeguard measures;

(d) receiving reports from, and reviewing the work of, the Working Group on Rules of Origin and Customs and Trade Facilitation established under Article 4.29 (Working Group on Rules of Origin and Customs and Trade Facilitation – Rules of Origin and Origin Procedures);

(e) reporting, as needed, on its activities and work programme to the Joint Committee;

(f) facilitating trade in remanufactured goods, including considering amendments or modifications to the provisions of this Agreement relating to the treatment of remanufactured goods, with a view to broadening the types of goods that may be considered remanufactured goods, having regard to factors including technological developments and the Parties’ shared environmental objectives;

(g) reviewing the future amendments to the Harmonized System and endeavouring to resolve any differences that may arise between the Parties on matters related to the classification of goods under the Harmonized System and Annex 2A (Tariff Commitments);

(h) determining the procedures and specific data requirements, as appropriate, for any exchange of trade data; and

(i) undertaking any other work that the Joint Committee assigns to it.

3. The Goods Committee shall meet at the request of either Party and in any event within one year of the date of entry into force of this Agreement. Meetings may occur in person, or by any other means as mutually determined by the Parties.

4. The Goods Committee may establish technical working groups to consider any matter relating to this Chapter that creates disruption or may affect trade in goods between the Parties. Any technical working group established shall report to the Goods Committee on progress of its work.

Annex 2A:
Tariff Commitments

Section 2A: Tariff Schedule of Australia

Part 2A-1: Schedule of Australia

1. The provisions of this Section are generally expressed in terms of the corresponding items in Schedule 3 to the Customs Tariff Act 1995 (“Tariff Act”), and the interpretation of the provisions of this Section, including the product coverage of subheadings of this Section, shall be governed by the Tariff Act. To the extent that provisions of this Section are identical to the corresponding provisions of the Tariff Act, the provisions of this Section shall have the same meaning as the corresponding provisions of the Tariff Act.

2. Unless otherwise provided for in this Section, for the purposes of the elimination or reduction of customs duties in accordance with this Section, in the case of ad valorem duties any fraction less than 0.1 of a percentage point shall be rounded to the nearest one decimal place (in the case of 0.05 per cent, the fraction is rounded to 0.1 per cent), and in the case of specific duties any fraction smaller than 0.01 of one Australian dollar shall be rounded to the nearest two decimal places (in the case of 0.005, the fraction is rounded to 0.01).

3. The base rate of customs duty and staging category for an item are indicated in the Tariff Act.

4. Unless otherwise provided in this Section, for the purposes of this Section, the term “year” means, with respect to the first year, the period from the date of entry into force of this Agreement until 31 December of the same year and, with respect to each subsequent year, the twelve-month period which starts on 1 January of that year.

5. For the purposes of implementing equal annual instalments, the annual instalments shall take place on the first day of each year (for the avoidance of doubt, for the first year the annual instalment will take place on the date of entry into force of this Agreement).

6. The following staging categories shall apply to the elimination of customs duties by Australia pursuant to Article 2.5 of Chapter 2 (Treatment of Customs Duties – Trade in Goods):

(a) customs duties on originating goods shall be eliminated on the date this Agreement enters into force with the exception of those mentioned in subparagraph (b) and subparagraph (c);

(b) customs duties on any iron, alloy steel or non-alloy steel products shall be removed in five equal annual instalments beginning on the date of entry into force of this Agreement, and such goods shall be free of customs duty from 1 January of year five; and

(c) customs duties on any cheese or curd products shall be removed in six equal annual instalments beginning on the date of entry into force of this Agreement, and such goods shall be free of customs duty from 1 January of year six.

Section 2B: Tariff Schedule of the United Kingdom

Part 2B-1: Schedule of the United Kingdom

1. The classification of goods referred to in this Section shall be determined according to commodity codes as they are implemented in the laws and regulations of the United Kingdom.

2. Unless otherwise provided for in this Section, for the purposes of the elimination or reduction of customs duties in accordance with this Section, in the case of ad valorem duties any fraction less than 0.1 of a percentage point shall be rounded to the nearest one decimal place (in the case of 0.05 per cent, the fraction is rounded to 0.1 per cent), and in the case of specific duties any fraction smaller than 0.01 of one pound sterling shall be rounded to the nearest two decimal places (in the case of 0.005, the fraction is rounded to 0.01).

3. For the purposes of this Section, the term “Base Rate” is the starting point of elimination or reduction of customs duties.

4. Unless otherwise provided for in this Section, for the purposes of this Section, the term “year” means, with respect to the first year, the period from the date of entry into force of this Agreement until 31 December of the same year and, with respect to each subsequent year, the twelve-month period which starts on 1 January of that year.

5. For the purposes of implementing equal annual instalments, the annual instalments shall take place on the first day of each year (for the avoidance of doubt, for the first year the annual instalment will take place on the date of entry into force of this Agreement).

6. The following staging categories apply to the elimination or reduction of customs duties by the United Kingdom pursuant to Article 2.5 (Treatment of Customs Duties – Trade in Goods):

(a) customs duties on originating goods shall be eliminated on the date this Agreement enters into force with the exception of those mentioned in subparagraphs (b) through (h);

(b) customs duties on any crustacean or mollusc products, any vegetable products (incl. juices and concentrates), any fruit products (excl. grapes and bananas, incl. juices and concentrates), any rum products, any sorbitol products, any glue products and any ammonia products shall be removed in four equal annual instalments beginning on the date of entry into force of this Agreement, and such goods shall be free of customs duty from 1 January of year four;

(c) customs duties on any seed or grain products (excl. rice) shall be removed in five equal annual instalments beginning on the date of entry into force of this Agreement, and such goods shall be free of customs duty from 1 January of year five;

(d) customs duties on any dairy products (incl. cheese, curds and whey) shall be removed in six equal annual instalments beginning on the date of entry into force of this Agreement, and such goods shall be free of customs duty from 1 January of year six;

(e) customs duties on any goat meats, any offal products (excl. bovine, lamb or sheep, incl. liver products), any banana products, any grape products, any medium or round grain rice products and any sugar products (excl. raw or refined cane or beet sugars, white sugar, incl. fructose and glucose) shall be removed in eight equal annual instalments beginning on the date of entry into force of this Agreement, and such goods shall be free of customs duty from 1 January of year eight;

(f) customs duties on any raw or refined cane or beet sugars (incl. white sugar) shall be removed in nine equal annual instalments beginning on the date of entry into force of this Agreement, and such goods shall be free of customs duty from 1 January of year nine;

(g) customs duties on any bovine or sheep (incl. lamb) products (incl. offal and carcasses) shall remain at the applicable base rate of 12% from the date of entry into force of this Agreement until 31 December of year ten, and such goods shall be free of customs duty from 1 January of year eleven; and

(h) customs duties on any chicken products (incl. eggs), any long grain rice products and any swine products (incl. hams and sausages) shall remain at the applicable base rate of 6%, 12% and 14%, respectively.

7. Originating goods may be subject to the corresponding tariff rate quota set out in Part 2B-2 (Tariff Rate Quotas of the United Kingdom).

8. Originating goods may be subject to the corresponding product specific safeguard measures set out in Part 2B-3 (Product Specific Safeguard Measures).

Part 2B-2: Tariff Rate Quotas of the United Kingdom

1. This Part sets out the tariff rate quotas (“TRQs”) that the UK shall apply from the date of entry into force of this Agreement to certain originating goods of Australia.

2. The products covered by each TRQ set out in Subsection 2B-2-2 (Product Treatment) are informally identified in the title to the paragraph setting out the TRQ. These titles are included solely to assist readers in understanding this Part and shall not alter or supersede the coverage established through the identification of covered commodity codes in Subsection 2B-2-2 (Product Treatment).

3. For the purposes of this Part, the term “metric tonnes” shall be abbreviated as “MT”.

4. Australia shall allocate the TRQs provided for in Subsection 2B-2-2 (Product Treatment) to exporters or producers by issuing TRQ certificates up to the relevant quantity for each TRQ, in accordance with the procedures set out in this Section. The United Kingdom shall manage each TRQ in accordance with its laws and regulations, on the basis of the TRQ certificates issued by Australia for each export consignment.

5. A TRQ certificate for a TRQ must include the following information as a minimum:

(a) exporter’s name and address;

(b) importer’s name and address;

(c) a description of the good(s);

(d) quantity (alongside unit of measure); and

(e) validity period of TRQ certificate

6. Where this Agreement enters into force during a year, the TRQ quantities shall be pro-rated and calculated as a proportion of the annual TRQ quantity equal to the number of days remaining in the year.

7. Australia shall notify the United Kingdom of the identity of any body authorised to issue TRQ certificates and the format of the TRQ certificate used by Australia for the certification of TRQs.

8. The Parties shall take reasonable measures to avoid any counterfeiting of TRQ certificates.

9. If a matter arises concerning the application or administration of TRQs or any related matter, a Party may make a written request to the other Party to:

(a) hold a meeting of the Trade in Goods Committee;

(b) respond to specific questions; or

(c) provide information relating to the application or administration of TRQs.

10. A Party receiving a written request under paragraph 9 shall, to the extent permitted by its laws and regulations, respond to the request as soon as practicable and in any event within 14 days of receipt of the request, provided that a request under subparagraph 9(b) or subparagraph 9(c) is reasonable and proportionate to the matter.

Subsection 2B-2-2: Product Treatment

TRQ 1 – Beef

1. The aggregate quantity of originating goods of Australia described in paragraph 2 that shall be permitted to enter the United Kingdom free of customs duty in a particular year is specified below:

Year:	Quantity (MT):
1	35,000
2	43,333
3	51,667
4	60,000
5	68,333
6	76,667
7	85,000
8	93,333
9	101,667
10	110,000

2. The commodity codes to which TRQ 1 applies are:

0201; 0202; 0206.10.95; 0206.29.91; 0210.20; 0210.99.51; 0210.99.59; 1602.50; 1602.90.61; 1602.90.69.

3. The out-of-quota customs duty rate on an originating good described in paragraph 2 entering the United Kingdom shall be as described in Part 2B-1 (Notes for Schedule of the United Kingdom).

4. From year 11 until the end of year 15, originating goods described in paragraph 2 entering the United Kingdom may be subject to a product specific safeguard measure, as set out in Subsection 2B-3-2.

TRQ 2 – Sheep Meat

1. Subject to paragraph 5, the aggregate quantity of originating goods of Australia described in paragraph 2 that shall be permitted to enter the United Kingdom free of customs duty in a particular year (the “TRQ 2 Quantity”) is specified below:

Year:	Quantity (MT):
1	25,000
2	30,556
3	36,111
4	41,667
5	47,222
6	52,778
7	58,333
8	63,889
9	69,444
10	75,000

2. The commodity codes to which TRQ 2 applies are:

0204.10; 0204.21; 0204.22; 0204.23; 0204.30; 0204.41; 0204.42; 0204.43; 0210.99.21; 0210.99.29; 1602.90.91.

3. The out-of-quota customs duty rate on an originating good described in paragraph 2 entering the United Kingdom shall be as described in Part 2B-1 (Notes for Schedule of the United Kingdom).

4. From year 11 until the end of year 15, originating goods described in paragraph 2 entering the United Kingdom may be subject to a product specific safeguard measure, as set out in Subsection 2B-3-2 (Product Specific Safeguard Measures).

5. If:

(a) in any two consecutive years, excluding any year in which the TRQ 2 Quantity is reduced in accordance with this paragraph, the aggregate quantity of originating goods imported under TRQ 2 in a year is equal to or greater than 95% of the TRQ 2 Quantity; and

(b) no goods to which TRQ 2 applies have been subject to a bilateral safeguard measure, as defined in Article 1 of Chapter 3 (Definitions – Trade Remedies), during the two consecutive year period,

the TRQ 2 Quantity in only the following year shall be reduced by 25%.

TRQ 3 – Milk, Cream, Yoghurt and Whey

1. The aggregate quantity of originating goods of Australia described in paragraph 2 that shall be permitted to enter the United Kingdom free of customs duty in a particular year is specified below:

Year:	Quantity (MT):
1	20,000
2	20,000
3	20,000
4	20,000
5	20,000

2. The commodity codes to which TRQ 3 applies are:

0401; 0402; 0403; 0404 (excluding 0404.10.48).

3. The out-of-quota customs duty rate on an originating good described in paragraph 2 entering the United Kingdom shall be as described in Part 2B-1 (Notes for Schedule of the United Kingdom).

TRQ 4 - Butter

1. The aggregate quantity of originating goods of Australia described in paragraph 2 that shall be permitted to enter the United Kingdom free of customs duty in a particular year is specified below:

Year:	Quantity (MT):
1	5,500
2	7,000
3	8,500
4	10,000
5	11,500

2. The commodity code to which TRQ 4 applies is:

0405.

3. The out-of-quota customs duty rate on an originating good described in paragraph 2 entering the United Kingdom shall be as described in Part 2B-1 (Notes for Schedule of the United Kingdom).

TRQ 5 - Cheese and Curd

1. The aggregate quantity of originating goods of Australia described in paragraph 2 that shall be permitted to enter the United Kingdom free of customs duty in a particular year is specified below:

Year:	Quantity (MT):
1	24,000
2	30,000
3	36,000
4	42,000
5	48,000

2. The commodity code to which TRQ 5 applies is:

0406.

3. The out-of-quota customs duty rate on an originating good described in paragraph 2 entering the United Kingdom shall be as described in Part 2B-1 (Notes for Schedule of the United Kingdom).

TRQ 6 – Wheat and Meslin

1. The aggregate quantity of originating goods of Australia described in paragraph 2 that shall be permitted to enter the United Kingdom free of customs duty in a particular year is specified below:

Year:	Quantity (MT):
1	80,000
2	80,000
3	80,000
4	80,000

2. The commodity code to which TRQ 6 applies is:

1001.99.

3. The out-of-quota customs duty rate on an originating good described in paragraph 2 entering the United Kingdom shall be as described in Part 2B-1 (Notes for Schedule of the United Kingdom).

TRQ 7 – Barley

1. The aggregate quantity of originating goods of Australia described in paragraph 2 that shall be permitted to enter the United Kingdom free of customs duty in a particular year is specified below:

Year:	Quantity (MT):
1	7,000
2	7,000
3	7,000
4	7,000

2. The commodity code to which TRQ 7 applies is:

1003.90.

3. The out-of-quota customs duty rate on an originating good described in paragraph 2 entering the United Kingdom shall be as described in Part 2B-1 (Notes for Schedule of the United Kingdom).

TRQ 8 - Long Grained Rice

1. The aggregate quantity of originating goods of Australia described in paragraph 2 that shall be permitted to enter the United Kingdom free of customs duty is 1,000 MT per year.

2. The commodity codes to which TRQ 8 applies are:

1006.30.25; 1006.30.27; 1006.30.46; 1006.30.48; 1006.30.65; 1006.30.67; 1006.30.96; 1006.30.98.

3. The out-of-quota customs duty rate on an originating good described in paragraph 2 entering the United Kingdom shall be the base rate for the relevant commodity code outlined in Part 2B-4 (Schedule of Tariff Commitments of the United Kingdom).

TRQ 9 – Broken Rice

1. The aggregate quantity of originating goods of Australia described in paragraph 2 that shall be permitted to enter the United Kingdom free of customs duty in a particular year is specified below:

Year:	Quantity (MT):
1	11,500
2	11,500
3	11,500
4	11,500

2. The commodity code to which TRQ 9 applies is:

1006.40.

3. The out-of-quota customs duty rate on an originating good described in paragraph 2 entering the United Kingdom shall be as described in Part 2B-1 (Notes for Schedule of the United Kingdom).

TRQ 10 – Sugar

1. The aggregate quantity of originating goods of Australia described in paragraph 2 that shall be permitted to enter the United Kingdom free of customs duty in a particular year is specified below:

Year:	Quantity (MT):
1	80,000
2	100,000
3	120,000
4	140,000
5	160,000
6	180,000
7	200,000
8	220,000

2. The commodity codes to which TRQ 10 applies are:

1701.13; 1701.14; 1701.91; 1701.99.

3. The out-of-quota customs duty rate on an originating good described in paragraph 2 entering the United Kingdom shall be as described in Part 2B-1 (Notes for Schedule of the United Kingdom).

4. For the purposes of TRQ 10 only, the term “year” in paragraph 1 of TRQ 10 and paragraph 6 of Subsection 2B-2-1 (General Provisions) shall mean, with respect to the first year, the period from the date of entry into force of this Agreement until the next 30 September and, with respect to each subsequent year, the twelve-month period which starts on 1 October of that year.

Subsection 2B-3-1: General Provisions

1. This Part sets out the originating agricultural goods that may be subject to product specific safeguard measures under paragraph 8 of Part 2B-1 (Notes for Schedule of the United Kingdom).

2. Notwithstanding Article 2.5 of Chapter 2 (Treatment of Customs Duties – Trade in Goods), the United Kingdom may apply a product specific safeguard measure on specific originating agricultural goods. The United Kingdom may apply such a product specific safeguard measure only under the conditions set out in this Section 2B and only in accordance with the terms set out in this Section 2B.

3. Any product specific safeguard measure applied under Section 2B may be maintained only until the end of the year in which the trigger quantity was exceeded. The application of a product specific safeguard measure in a year does not affect the application of a product specific safeguard measure on the same product in any subsequent year.

4. The United Kingdom shall implement any product specific safeguard measure in a transparent manner. The United Kingdom shall, to the extent permitted by its laws and regulations, ensure that the volume of imports of originating agricultural goods referred to in paragraph 1 is published regularly in a manner which is readily accessible to Australian producers and exporters. The United Kingdom shall give notice in writing, including relevant data, to Australia as far in advance of the application of a product specific safeguard measure as may be practicable.

5. On request, the United Kingdom shall consult with Australia with respect to the application of a product specific safeguard measure.

Subsection 2B-3-2: Product Treatment

PSS 1 - Product Specific Safeguard Measure for Beef

1. From the start of year 11 to the end of year 15, the United Kingdom may increase the ad valorem customs duty rate on originating PSS 1 goods to 20 percent if the aggregate quantity of PSS 1 goods imported into the UK in a year exceeds the annual aggregate trigger quantity for that year.

2. The annual aggregate trigger quantity for PSS 1 goods is:

(a) 122,000 metric tonnes for year 11;

(b) 134,000 metric tonnes for year 12;

(c) 146,000 metric tonnes for year 13;

(d) 158,000 metric tonnes for year 14; and

(e) 170,000 metric tonnes for year 15.

3. For the avoidance of doubt, annual aggregate trigger volumes are calculated based on aggregate imports of originating goods from Australia into the UK of products under the following commodity codes:

0201; 0202; 0206.10.95; 0206.29.91; 0210.20; 0210.99.51; 0210.99.59; 1602.50; 1602.90.61; 1602.90.69.

4. The product specific safeguard measure for beef as set out in this section shall no longer apply from year 16.

PSS 2 - Product Specific Safeguard Measure for Sheep meat

1. From the start of year 11 to the end of year 15, the United Kingdom may increase the ad valorem customs duty rate on originating PSS 2 goods to 20 percent if the aggregate quantity of PSS 2 goods imported into the UK in a year exceeds the annual aggregate trigger quantity for that year.

2. Subject to paragraph 5, the annual aggregate trigger quantity for PSS 2 goods is:

(a) 85,000 metric tonnes for year 11;

(b) 95,000 metric tonnes for year 12;

(c) 105,000 metric tonnes for year 13;

(d) 115,000 metric tonnes for year 14; and

(e) 125,000 metric tonnes for year 15;

3. For the avoidance of doubt, annual aggregate trigger volumes are calculated based on aggregate imports of originating goods from Australia into the UK of products under the following commodity codes:

0204.10; 0204.21; 0204.22; 0204.23; 0204.30; 0204.41; 0204.42; 0204.43; 0210.99.21; 0210.99.29; 1602.90.91.

4. The product specific safeguard measure for sheep meat as set out in this section shall no longer apply from year 16.

5. From the start of year 11 to the end of year 15, if the aggregate quantity of PSS 2 goods imported into the UK in a year exceeds the annual aggregate trigger quantity for that year and the UK increases the ad valorem customs duty pursuant to paragraph 1, the annual aggregate trigger quantities set out in paragraph 2 in respect of each subsequent year shall be reduced by 25%.

Section A: General Provisions

Article 3.1: Definitions

For the purposes of this Chapter:

“bilateral safeguard measure” means a measure referred to in paragraph 2 of Article 3.6 (Application of a Bilateral Safeguard Measure);

“customs duty reduction or elimination” means any customs duty reduction or elimination in accordance with paragraph 2 of Article 2.5 (Treatment of Customs Duties – Trade in Goods);

“domestic industry” means, with respect to an imported good, the producers as a whole of the like or directly competitive good operating within the territory of a Party, or those whose collective output of the like or directly competitive good constitutes a major proportion of the total domestic production of the good;

“serious injury” means a significant overall impairment in the position of a domestic industry;

“threat of serious injury” means serious injury that is clearly imminent, in accordance with the provisions of Article 3.8 (Investigation Procedure). A determination of the existence of a threat of serious injury shall be based on facts and not merely on allegation, conjecture, or remote possibility; and

“transition period” means, in relation to a good, the entry into force of this Agreement until five years after the completion of the customs duty reduction or elimination in relation to the good.

Section B: Anti-Dumping and Countervailing Measures

Article 3.2: General Provision

Except as provided in this Section, each Party affirms its rights and obligations to anti-dumping and countervailing measures.

Article 3.3: Investigations

1. After receipt by a Party’s investigating authority of a properly documented application for an anti-dumping investigation or a countervailing duty investigation with respect to imports from the other Party and before initiating an investigation, the importing Party shall provide written notification to the other Party of its receipt of the application.

2. Without prejudice to its other rights and obligations under other international agreements, prior to initiating a countervailing duty investigation against imports from the other Party, the importing Party shall afford to the other Party a reasonable opportunity to consult with the aim of clarifying the situation on matters raised in the application and arriving at a mutually agreed solution. Any such consultations shall not unnecessarily delay or prevent a Party from proceeding expeditiously to initiate and conduct an investigation.

3. The Parties reaffirm their rights and obligations with respect to the rights of interested parties to present information orally and to defend their interests in the conduct of an anti-dumping investigation or a countervailing duty investigation.

4. Each Party shall ensure, before a final determination is made, full and meaningful disclosure of all essential facts under consideration which form the basis for the decision whether to apply definitive measures in an anti-dumping investigation or a countervailing duty investigation. Disclosures shall be made in writing, and allow interested parties sufficient time to defend their interests.

Article 3.4: Lesser-Duty Rule

Each Party’s investigating authority may consider whether the amount of the anti-dumping or countervailing duty to be imposed shall be the full margin of dumping or total amount of the subsidy or a lesser amount, in accordance with the Party’s laws and regulations.

Section C: Global Safeguard Measures

Article 3.5: General Provisions and Transparency

1. Except as provided in this Section, nothing in this Agreement affects either Party’s rights and obligations under any international ageement.

2. A Party that initiates a safeguard investigatory process shall provide to the other Party an electronic copy of any notification given.

3. When imposing safeguard measures, each Party shall endeavour to impose them in a way that least affects bilateral trade.

Section D: Bilateral Safeguard Measures

Article 3.6: Application of a Bilateral Safeguard Measure

1. If, as a result of customs duty reduction or elimination, an originating good of the other Party is being imported into the territory of a Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause serious injury or threat of serious injury, the importing Party may apply a safeguard provided for in paragraph 2 to the extent necessary to prevent or remedy the serious injury and to facilitate the adjustment of the domestic industry.

2. In accordance with paragraph 1, the importing Party may apply one of the following bilateral safeguard measures:

(a) a suspension of the further customs duty reduction or elimination in relation to the good; or

(b) an increase in the rate of customs duty on the good to a level that does not exceed the lesser of:

(i) the most-favoured-nation applied rate of customs duty in effect at the time the measure is applied; or

(ii) the most-favoured-nation applied rate of customs duty on the good in effect on the day immediately preceding the date of entry into force of this Agreement.

Article 3.7: Duration and Scope

1. A Party shall apply a bilateral safeguard measure only for such period of time as may be necessary to prevent or remedy serious injury and to facilitate the adjustment of the domestic industry.

2. The period referred to in paragraph 1 shall not exceed two years, except that the period may be extended by no more than two years if the competent authority of the Party that applies the measure determines, in conformity with the procedures set out in Article 3.8 (Investigation Procedure), that the bilateral safeguard measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment.

3. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is more than one year, the Party that applies the measure shall progressively liberalise it at regular intervals during its period of application.

4. Neither Party shall apply a bilateral safeguard measure on a good that has already been subject to a bilateral safeguard measure for a period of time equal to the duration of the previous safeguard or one year after its termination, whichever is longer.

5. When a Party terminates a bilateral safeguard measure on a good, the rate of customs duty for that good shall be the rate that would have been in effect in accordance with the Party’s Schedule to Annex 2A (Tariff Commitments) but for the bilateral safeguard measure.

6. Neither Party shall apply or maintain a bilateral safeguard measure after the transition period.

Article 3.8: Investigation Procedure

1. A Party shall apply a bilateral safeguard measure only following an investigation by the Party’s competent authority.

2. An investigation shall not exceed one year, but a Party may, in exceptional circumstances, and as mutually agreed with the other Party, extend the investigation for no more than the time necessary to complete the investigation. The other Party should not unreasonably withhold its agreement to the extension.

Article 3.9: Notification and Consultation

1. A Party shall provide written notice to the other Party immediately after:

(a) initiating an investigation referred to in Article 3.8 (Investigation Procedure);

(b) making a finding of serious injury or threat of serious injury caused by increased imports of an originating good of the other Party as a result of a customs duty reduction or elimination in relation to the good;

(c) taking a decision to apply or extend a bilateral safeguard measure; or

(d) taking a decision to modify a bilateral safeguard measure for progressive liberalisation.

2. A Party shall provide promptly to the other Party a copy of the public version of the report of its competent authority following the conclusion of its investigation as set out under Article 3.8 (Investigation Procedure).

3. The Party providing a written notice referred to in paragraph 1 shall provide the other Party with all pertinent information, which shall include:

(a) in the written notice referred to in subparagraph 1(a), the reason for the initiation of the investigation, a precise description of the good subject to the investigation (including its subheading in the Harmonized System), the importation period subject to the investigation, and the date of initiation of the investigation; and

(b) in the written notice referred to in subparagraphs 1(b) through (d), the evidence of the serious injury or the threat of serious injury caused by the increased imports of the good as a result of the customs duty reduction or elimination, a precise description of the good subject to the proposed bilateral safeguard measure (including its subheading in the Harmonized System), a precise description of the bilateral safeguard measure, and, as applicable, the proposed date of the introduction, extension, or modification of the bilateral safeguard measure, its expected duration, and the timetable for the progressive liberalisation of the measure. In the case of an extension of a bilateral safeguard measure, evidence that the domestic industry concerned is adjusting shall also be provided.

4. A Party proposing to apply or extend a bilateral safeguard measure shall provide adequate opportunity for prior consultations with the other Party with a view to reviewing the information provided under subparagraph 3(b), exchanging views on the bilateral safeguard measure, and reaching an agreement on compensation set out in Article 3.11 (Compensation).

Article 3.10: Provisional Application of a Bilateral Safeguard Measure

1. In critical circumstances, a Party may apply a bilateral safeguard measure on a provisional basis if:

(a) delay would cause damage to a domestic industry that would be difficult to repair; and

(b) the Party’s competent authority makes a preliminary determination that there is clear evidence that imports of an originating good of the other Party have increased as the result of the customs duty reduction or elimination in relation to the good, and that those increased imports have caused or are threatening to cause serious injury.

2. Before applying a bilateral safeguard measure on a provisional basis the applying Party shall provide written notice to the other Party. Consultation between the Parties on the application of the measure on a provisional basis shall be initiated immediately after the measure is applied.

3. A bilateral safeguard measure applied on a provisional basis shall not be maintained for more than 200 days. The duration of a bilateral safeguard applied on a provisional basis shall be counted as part of the period described in paragraph 2 of Article 3.7 (Duration and Scope).

4. The increase in customs duty paid as a result of the application of the bilateral safeguard measure on a provisional basis shall be promptly refunded if the Party’s competent authority, in the investigation referred to in paragraph 1 of Article 3.8 (Investigation Procedure), does not determine that the increase in imports of the good subject to the measure has caused or threatened to cause serious injury.

Article 3.11: Compensation

1. A Party applying a bilateral safeguard measure shall, in consultation with the other Party, provide mutually agreed trade liberalising compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the bilateral safeguard measure. The Party shall provide an opportunity for those consultations no later than 30 days after the application or the extension of the bilateral safeguard measure.

2. If the consultations under paragraph 1 do not result in the Parties agreeing on trade liberalising compensation within 30 days, the Party against whose good the bilateral safeguard measure is applied may suspend the application of substantially equivalent concessions to the trade of the Party applying the bilateral safeguard measure.

3. The Party against whose good the bilateral safeguard measure is applied shall notify the other Party in writing at least 30 days before it suspends concessions in accordance with paragraph 2.

4. The obligation to provide compensation under paragraph 1 and the right to suspend concessions under paragraph 2 terminates on the termination of the bilateral safeguard measure.

Article 3.12: Non-Cumulation

1. Neither Party shall apply or maintain two or more of the following measures, with respect to the same good at the same time:

(a) a bilateral safeguard measure;

(b) a safeguard measure under an international agreement; and

(c) a product-specific safeguard under the Party’s Schedule to Annex 2A (Tariff Commitments).

Article 3.13: Non-Application of Dispute Settlement

Neither Party shall have recourse to dispute settlement under Chapter 30 (Dispute Settlement) for any matter arising under Section B or C.

Section A: Rules of Origin

Article 4.1: Definitions

For the purposes of this Chapter:

“aquaculture” means the farming of aquatic organisms, including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants from seed stock, including seed stock imported from non-parties, such as eggs, fry, fingerlings, or larvae, parr, smolts, or other immature fish at a post-larval stage, by intervention in the rearing or growth processes to enhance production such as regular stocking, feeding, or protection from predators;

“fungible goods or materials” means goods or materials that are interchangeable for commercial purposes and whose properties are essentially identical, irrespective of minor differences in appearance that are not relevant to a determination of origin;

“generally accepted accounting principles” means those principles recognised by consensus or with substantial authoritative support in the territory of a Party with respect to the recording of revenues, expenses, costs, assets and liabilities; the disclosure of information; and the preparation of financial statements. These principles may encompass broad guidelines for general application, as well as detailed standards, practices, and procedures;

“indirect material” means a material used in the production, testing, or inspection of a good but not physically incorporated into the good; or a material used in the maintenance of buildings or the operation of equipment, associated with the production of a good, including:

(a) fuel, energy, catalysts, and solvents;

(b) equipment, devices, and supplies used to test or inspect the good;

(c) gloves, glasses, footwear, clothing, safety equipment, and supplies;

(d) tools, dies, and moulds;

(e) spare parts and materials used in the maintenance of equipment and buildings;

(f) lubricants, greases, compounding materials and other materials used in production or used to operate equipment and buildings; and

(g) any other material that is not incorporated into the good but the use of which in the production of the good can reasonably be demonstrated to be a part of that production;

“material” means a good that is used in the production of another good;

“non-originating good” or “non-originating material” means a good or material that does not qualify as originating in accordance with this Chapter;

“originating good” or “originating material” means a good or material that qualifies as originating in accordance with this Chapter;

“packing materials and containers for shipment” means goods used to protect another good during its transportation, but does not include the packaging materials or containers in which a good is packaged for retail sale;

“preferential tariff treatment” means the customs duty rate applicable to an originating good;

“producer” means a person who engages in the production of a good;

“production” means operations including growing, cultivating, raising, mining, harvesting, fishing, trapping, hunting, capturing, collecting, breeding, extracting, aquaculture, gathering, manufacturing, processing, or assembling a good;

“production value” means the price paid or payable to the producer of the good at the place where the last production was carried out, and must include the value of all materials. If there is no price paid or payable or if it does not include the value of all materials, the value of the good:

(a) must include the value of all materials and the cost of production employed in producing the good, calculated in accordance with accounting principles which are generally accepted in the Party of the producer; and

(b) may include amounts for general expenses and profit to the producer that can be reasonably allocated to the good.

Any internal taxes which are, or may be, repaid when the good obtained is exported are excluded. If value of the good includes costs incurred subsequent to the good leaving the place of production, such as freight, insurance, packing, and all other costs incurred to transport the good, those costs are to be excluded; and

“value of the good” means, in relation to a good, either:

(a) the production value of the good; or

(b) the price actually paid or payable for the good when sold for export or other value determined in accordance with the Customs Valuation Agreement, excluding any costs incurred in the international shipment of the good.

Article 4.2: Origin Criteria

Except as otherwise provided in this Chapter, a good shall be regarded as originating if it is:

(a) wholly obtained or produced in the territory of one or both of the Parties, as established in Article 4.3 (Wholly Obtained or Produced Goods);

(b) produced entirely in the territory of one or both of the Parties, exclusively from originating materials; or

(c) produced entirely in the territory of one or both of the Parties using non-originating materials,

in each case, provided the good satisfies all other applicable requirements of this Chapter.

Article 4.3: Wholly Obtained or Produced Goods

For the purposes of Article 4.2 (Origin Criteria) the following goods shall be considered as wholly obtained or produced in the territory of one or both of the Parties if they are:

(a) a plant, plant good, or fungus, grown, cultivated, harvested, picked, or gathered there;

(b) a live animal born and raised there;

(c) a good obtained from a live animal there;

(d) an animal obtained by hunting, trapping, fishing, gathering, or capturing there but not beyond the outer limits of a Party’s territorial sea;

(e) a good obtained from aquaculture there but not beyond the outer limits of a Party’s territorial sea;

(f) a mineral or other naturally occurring substance, not included in subparagraphs (a) through (e), extracted or taken from there;

(g) fish, shellfish, and other marine life taken from the sea, seabed, or subsoil beyond the outer limits of:

(i) Australia’s territorial sea but within the territory of Australia by vessels that are registered, listed, or recorded in Australia; or

(ii) the United Kingdom’s territorial sea but within the territory of the United Kingdom by vessels that are registered in the United Kingdom and entitled to fly the flag of the United Kingdom;

(h) fish, shellfish, and other marine life taken from the sea, seabed, or subsoil beyond the outer limits of the territories of each Party and, in accordance with international law, outside the territorial sea of non-parties by vessels that are registered, listed, or recorded with a Party and entitled to fly the flag of that Party;

(i) a good produced from goods referred to in subparagraph (g) or subparagraph (h) on board a factory ship that is registered, listed, or recorded with a Party and entitled to fly the flag of that Party;

(j) a good other than fish, shellfish, and other marine life taken or extracted by a Party or a person of a Party from the seabed or subsoil outside the territories of the Parties, and beyond areas over which non-parties exercise jurisdiction provided that Party or person of that Party has the right to exploit that seabed or subsoil in accordance with international law;

(k) a good that is:

(i) waste or scrap derived from production there; or

(ii) waste or scrap derived from used goods collected there, provided that those goods are fit only for the recovery of raw materials; and

(l) a good produced there, exclusively from goods referred to in subparagraphs (a) through (k), or from their derivatives.

Article 4.4: Regional Value Content

1. Where a regional value content requirement is specified in this Chapter, including related Annexes, to determine whether a good is originating, the regional value content shall be calculated using one of the following methods:

Build-Down Method: based on the value of non-originating materials

RVC = value of the good - value of non-originating materials / value of the good x 100

Build-Up Method: based on the value of originating materials

RVC = value of originating materials / value of the good x 100

in each case where:

RVC is the regional value content of a good, expressed as a percentage;

value of non-originating materials is the value of non-originating materials, including materials of undetermined origin, used in the production of the good; and

value of originating materials is the value of originating materials used in the production of the good in the territory of one or both Parties.

2. All costs considered for the calculation of regional value content shall be recorded and maintained in conformity with the generally accepted accounting principles applicable in the territory of a Party where the good is produced.

Article 4.5: Materials Used in Production

1. If a non-originating material undergoes further production such that it satisfies the requirements of this Chapter, the material shall be treated as originating when determining the originating status of the subsequently produced good, regardless of whether that material was produced by the producer of the good.

2. If a non-originating material is used in the production of a good, the following may be counted as originating content in determining whether the resulting good meets a regional value content requirement:

(a) the value of production of the non-originating material undertaken in the territory of one or both Parties by one or more producers; and

(b) the value of any originating material used in the production of the non-originating material undertaken in the territory of one or both Parties by one or more producers.

Article 4.6: Value of Materials Used in Production

For the purposes of this Chapter, the value of a material is:

(a) for a material imported by the producer of the good, the price actually paid or payable for the material at the time of importation or other value determined, including the costs incurred in the international shipment of the material;

(b) for a material acquired in the territory where the good is produced:

(i) the price paid or payable by the producer in the Party where the producer is located;

(ii) the value as determined for an imported material in subparagraph (a); or

(iii) the earliest ascertainable price paid or payable in the territory of the Party; or

(c) for a material that is self-produced:

(i) all the costs incurred in the production of the material, which includes general expenses; and

(ii) an amount equivalent to the profit added in the normal course of trade, or equal to the profit that is usually reflected in the sale of goods of the same class or kind as the self-produced material that is being valued.

Article 4.7: Further Adjustments to the Value of Materials

1. For an originating material, the following expenses may be added to the value of the material, if not included under Article 4.6 (Value of Materials Used in Production):

(a) the costs of freight, insurance, packing, and all other costs incurred to transport the material to the location of the producer of the good;

(b) duties, taxes, and customs brokerage fees on the material, paid in the territory of a Party, other than duties and taxes that are waived, refunded, refundable, or otherwise recoverable, which include credit against duty or tax paid or payable; and

(c) the cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of reusable scrap or by-product.

2. For a non-originating material or material of undetermined origin, the following expenses may be deducted from the value of the material:

(a) the costs of freight, insurance, packing, and all other costs incurred in transporting the material to the location of the producer of the good;

(b) duties, taxes, and customs brokerage fees on the material paid in the territory of one or both Parties, other than duties and taxes that are waived, refunded, refundable, or otherwise recoverable, which include credit against duty or tax paid or payable; and

(c) the cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of reusable scrap or by-product.

3. For greater certainty, when a non-originating material is used in the production of a good, the values referred to in subparagraph 2(a) and subparagraph 2(b) of Article 4.5 (Materials Used in Production) may be:

(a) deducted from the value of the non-originating material if calculating the regional value content requirement using the Build-Down Method; or

(b) included in the value of originating materials if calculating the regional value content requirement using the Build-Up Method.

4. For the purposes of this Article, if a cost, expense, or value is unknown or documentary evidence of the amount of the adjustment is not available, then no adjustment is allowed for that cost, expense, or value.

Article 4.8: Recovered Materials and Remanufactured Goods

1. A recovered material derived in the territory of one or both of the Parties shall be treated as originating when it is used in the production of, and incorporated into, a remanufactured good.

2. For greater certainty:

(a) a remanufactured good shall be treated as originating only if it satisfies the applicable requirements of Article 4.2 (Origin Criteria); and

(b) a recovered material that is not used or incorporated in the production of a remanufactured good shall be treated as originating only if it satisfies the applicable requirements of Article 4.2 (Origin Criteria).

Article 4.9: Accumulation

1. A good shall be regarded as originating if the good is produced in the territory of one or both of the Parties by one or more producers, provided that the good satisfies the requirements of Article 4.2 (Origin Criteria) and all other applicable requirements in this Chapter.

2. An originating good or material of one Party shall be considered originating in the territory of the other Party when used in the production of a good in the territory of the other Party.

3. Production undertaken on a non-originating material in the territory of one or both Parties by one or more producers may contribute toward the originating content of a good for the purpose of determining its origin, regardless of whether that production was sufficient to confer originating status to the material itself.

Article 4.10: Tolerance

1. A good that contains non-originating materials shall nonetheless be regarded as originating if:

(a) in the case of goods in Chapters 1 through 24 and 50 through 63 of the Harmonized System:

(i) the total weight of those materials does not exceed 10 per cent of the weight of the good not including the weight of any packaging; or

(ii) the value of those materials does not exceed 10 per cent of the value of the good; or

(b) in the case of goods in Chapters 25 through 49 and 64 through 97 of the Harmonized System, the value of those materials does not exceed 10 per cent of the value of the good,

and the good meets all other applicable requirements of this Chapter.

2. If a good described in paragraph 1 is also subject to a regional value content requirement, the value of those non-originating materials shall be included in the value of non-originating materials for any applicable regional value content requirement.

Article 4.11: Fungible Goods or Materials

1. A fungible good or material shall be treated as originating based on the:

(a) physical segregation of each fungible good or material; or

(b) use of any inventory management method recognised in the generally accepted accounting principles of the Party where the production is performed, if originating and non-originating fungible goods or materials are comingled, provided that the inventory management method selected is used throughout the fiscal year of the person that selected the inventory management method.

2. The inventory management system must ensure that no more goods or material receive originating status than would have been the case if the fungible goods or materials had been physically segregated.

Article 4.12: Accessories, Spare Parts, Tools, and Instructional or Other Information Materials

1. For the purpose of determining origin of a good, accessories, spare parts, tools, and instructional or other information materials classified and delivered with, but not invoiced separately from a good shall be:

(a) disregarded in determining whether a good is wholly obtained or satisfies a process or change in tariff classification requirement; and

(b) taken into account as originating or non-originating materials, as the case may be, in calculating the regional value content of the good,

provided the quantities, value, and type of accessories, spare parts, tools, and instructional or other information material are customary for the good.

2. Accessories, spare parts, tools, and instructional or other information materials, described in paragraph 1 shall be deemed to have the same originating status as the good with which they are delivered.

Article 4.13: Packaging Materials and Containers for Retail Sale

Packaging materials and containers in which a good is packaged for retail sale shall, if classified with the good, be:

(a) disregarded in determining whether the non-originating materials used in the production of the good have satisfied the applicable process or change in tariff classification requirement, or whether the good is wholly obtained or produced; and

(b) taken into account as originating or non-originating materials, as the case may be, in calculating the regional value content of the good.

Article 4.14: Packing Materials and Containers for Shipment

Packing materials and containers for shipment shall be disregarded in determining whether a good is originating.

Article 4.15: Indirect Materials

An indirect material shall be considered to be originating without regard to where it is produced.

Article 4.16: Sets of Goods

1. For a set classified as a result of the application of rule 3(a) or rule 3(b) of the General Rules for the Interpretation of the Harmonized System, the originating status of the set shall be determined in accordance with the product-specific rule of origin that applies to the set.

2. For a set classified as a result of the application of rule 3(c) of the General Rules for the Interpretation of the Harmonized System, the set shall be originating only if each good in the set is originating and both the set and the goods meet the other applicable requirements of this Chapter.

3. Notwithstanding paragraph 2, for a set classified as a result of the application of rule 3(c) of the General Rules for the Interpretation of the Harmonized System, the set is originating if the value of all the non-originating goods in the set does not exceed 20 per cent of the value of the set.

4. For the purposes of paragraph 3, the value of the non-originating goods in the set and the value of the set shall be calculated in the same manner as the value of non-originating materials and the value of the good.

Article 4.17: Non-Alteration

1. An originating good shall retain its originating status if the good has been transported to the importing Party without passing through the territory of a non-party.

2. An originating good transported through the territory of one or more non-parties shall retain its originating status provided that the good:

(a) does not undergo further production or any other operation outside the territories of the Parties, other than unloading, reloading, separation from a bulk shipment or splitting of a consignment, storing, repacking, labelling or marking required by the importing Party or any other operation necessary to preserve it in good condition or to transport the good to the territory of the importing Party.

(b) is not released to free circulation in the territory of any non-party.[1]

Section B: Origin Procedures

Article 4.18: Claims for Preferential Tariff Treatment

1. Each Party shall provide that an importer may make a claim for preferential tariff treatment, based on a declaration of origin completed by the exporter, producer, or, in the case of an exporter or producer in Australia, an authorised representative of the exporter or producer, or the importer’s knowledge that a good is originating.

2. Each Party shall provide that a declaration of origin:

(a) need not follow a prescribed format;

(b) be in writing, including electronic format;

(c) specifies that the good is both originating and meets the requirements of this Chapter;

(d) be attached to, or provided on, an invoice or any other commercial document that describes the goods concerned in sufficient detail to enable them to be identified; and

(e) fulfils the data requirements as set out in Annex 4A (Data Requirements).

3. Each Party shall provide that a declaration of origin may apply to:

(a) a single shipment of a good into the territory of a Party; or

(b) multiple shipments of identical goods within any period specified in the declaration of origin, but not exceeding 12 months.

4. Each Party shall provide that a declaration of origin is valid for one year after the date that it was completed or for such longer period specified by the laws and regulations of the importing Party.

5. If unassembled or disassembled products within the meaning of rule 2(a) of the General Rules for the Interpretation of the Harmonized System falling within Sections XV to XXI of the Harmonized System are imported by more than one shipment, a single declaration of origin for such products may be used on request of the importer and in accordance with the requirements laid down by the customs authority of the importing Party.

Article 4.19: Basis of a Declaration of Origin or Importer’s Knowledge

1. Each Party shall provide that if a producer declares the origin of a good, the declaration of origin is completed on the basis of the producer having information that the good is originating.

2. Each Party shall provide that if the exporter is not the producer of the good, a declaration of origin may be completed by the exporter of the good on the basis of:

(a) the exporter having information that the good is originating; or

(b) reasonable reliance on the producer’s information that the good is originating.

3. Each Party shall provide that if an importer of the good makes a claim for preferential tariff treatment on the basis of the importer’s knowledge the good is originating, the claim is made on the basis of:

(a) the importer having documentation that the good is originating; or

(b) reasonable reliance on supporting documentation provided by the exporter or producer that the good is originating.

4. Australia shall also provide that a declaration of origin may be completed by an authorised representative of an exporter or producer of the good, on the basis of reasonable reliance on supporting documentation provided by the exporter or producer that the good is originating.

5. For greater certainty, nothing in paragraph 1 or paragraph 2 shall be construed to allow a Party to require an exporter or producer to complete a declaration of origin or provide a declaration of origin to another person.

Article 4.20: Discrepancies

A Party shall not reject a declaration of origin due to minor errors or discrepancies, such as slight discrepancies between documents, omissions of information or typing errors, provided these minor discrepancies or errors do not create doubt as to the originating status of the good.

Article 4.21: Waiver of Declaration of Origin

A Party shall not require a declaration of origin if:

(a) the customs value of the importation does not exceed, in the case of Australia, 1,000 Australian Dollars or, in the case of the United Kingdom, 1,000 Pound Sterling, or any higher amount as the importing Party may establish; or

(b) it is a good for which the importing Party has waived the requirement or does not require the importer to present a declaration of origin,

provided that the importation does not form part of a series of importations, which the customs authority of the importing Party reasonably considers to have been carried out or planned for the purpose of evading compliance with the importing Party’s laws and regulations governing claims for preferential tariff treatment under this Agreement.

Article 4.22: Obligations Relating to Importation

1. Except as otherwise provided for in this Chapter, each Party shall provide that, for the purpose of claiming preferential tariff treatment, the importer shall:

(a) declare that the good qualifies as an originating good;

(b) possess either:

(i) a valid declaration of origin; or

(ii) documentation that formed the basis for the importer’s knowledge that the good is originating;

(c) provide to the importing Party a copy of any declaration of origin and other evidence that the good qualifies as an originating good, if required by the importing Party; and

(d) if required by an importing Party to demonstrate that the requirements in Article 4.17 (Non-Alteration) have been satisfied, provide relevant documents, such as transport documents, and in the case of storage, storage documents.

2. Each Party shall provide that if the importer has reason to believe that the claim for preferential tariff treatment is based on incorrect information that could affect the accuracy or validity of the declaration of origin, the importer shall correct the importation document and pay any customs duty and, if applicable, penalties owed.

3. Each Party may provide that if the exporter or producer has reason to believe that the declaration of origin is based on incorrect information that could affect the accuracy or validity of the declaration of origin, they shall be obliged to immediately notify the importer in writing of any change affecting the originating status of each good to which the declaration of origin applies.

4. Each Party shall encourage its customs authority, when considering imposing a penalty in relation to a claim for preferential tariff treatment, to consider as a significant mitigating factor a voluntary notification given prior to the discovery of that error by the Party and in accordance with paragraph 2 or paragraph 3, provided that in the case of a notification given by an importer, the importer corrects the error and repays any duties owing.

Article 4.23: Record Keeping Requirements

1. Each Party shall provide that an importer claiming preferential tariff treatment for a good imported into the territory of that Party shall maintain, for a period of four years from the date of importation of the good, or such longer period as the importing Party specifies:

(a) documentation related to the good’s importation, including any declaration of origin that served as the basis for the claim; and

(b) all records necessary to demonstrate that the good is originating and qualified for preferential tariff treatment, if the claim was based on the importer’s knowledge that the good was originating.

2. Each Party shall provide that a producer or exporter in its territory that provides a declaration of origin shall maintain, for a period of four years from the date the declaration of origin was issued, or such longer period as the importing Party specifies, all records necessary to demonstrate that a good for which the exporter or producer provided a declaration of origin is originating.

3. Each Party shall provide that an importer, exporter, or producer in its territory may choose to maintain the records specified in paragraphs 1 and 2 in any medium that allows for prompt retrieval, including electronic, optical, magnetic, or written form in accordance with that Party’s laws and regulations.

Article 4.24: Verification of Origin

Initiating a verification of origin

1. For the purpose of determining whether a good imported into its territory is originating, the customs authority of the importing Party may conduct a verification of any claim for preferential tariff treatment by one or more of the following:

(a) a written request for information from the importer of the good;

(b) a written request for information from the exporter or producer of the good, where the customs authority of the importing Party considers the information obtained under subparagraph (a) is not sufficient to make a determination and the customs authority of the importing Party would like additional information; or

(c) a written request for information from the customs authority of the exporting Party where the customs authority of the importing Party considers the information obtained under subparagraph (a) and subparagraph (b) is not sufficient to make a determination and the customs authority of the importing Party would like additional information.

A verification under this paragraph may be conducted at the time the customs import declaration is lodged, or before or after the release of the good by the customs authority of the importing Party.

2. If the customs authority of the importing Party decides to conduct a verification pursuant to paragraph 1, it shall accept information directly from the importer, exporter, or producer.

3. Where a written request is made under subparagraph 1(b) the customs authority of the importing Party shall:

(a) ensure that the information requested is limited to information pertaining to the fulfilment of the requirements of this Chapter as follows:

(i) if the claim was based on a declaration of origin, that declaration of origin; and

(ii) where the claim was based on the good having been wholly obtained or produced pursuant to subparagraph (a) of Article 4.2 (Origin Criteria), the applicable subparagraph in Article 4.3 (Wholly Obtained or Produced Goods), and the place of production; or

(iii) where the claim was based on the good having been produced entirely pursuant to subparagraph (b) of Article 4.2 (Origin Criteria), information on the origin of the materials, and the place of production; or

(iv) where the claim was based on a change in tariff classification, a list of all the non-originating materials used in the production of the good in a Party, including their tariff classification (in two, four, or six-digit format, depending on the relevant product-specific rule of origin); or

(v) where the claim was based on the regional value content, the value of the final good, the value of all non-originating materials used in the production (where the build-down method is used) or the value of all originating materials used in the production (where the build-up method is used), as well as information on how such values were determined; or

(vi) where the claim was based on a production process, a specific description of that process; and

(vii) information on any tolerances relied on under Article 3.9 (Tolerance); and

(viii) information relating to compliance with the non-alteration provisions under Article 4.17 (Non-Alteration).

(b) allow the exporter or producer at least 30 days from the date of receipt of the request to provide the requested information; and

(c) notify the customs authority of the exporting Party of the request.

4. Where a written request is made under subparagraph 1(c) the customs authority of the importing Party may request specific documentation and information from the customs authority of the exporting Party as part of a verification of origin not later than two years after the date on which a claim for preferential tariff treatment was made. The customs authority of the exporting Party shall provide the customs authority of the importing Party with a written acknowledgement of receipt of this request within 45 days of the date of the request, or any other time period as may be decided between the Parties.

Actions of the customs authority of the exporting Party

5. Following a request under subparagraph 1(c), the customs authority of the exporting Party may, in accordance with the laws and regulations of the exporting Party:

(a) request the records referred to in paragraphs 1 and 2 of Article 4.23 (Record Keeping Requirements);

(b) ask questions of the exporter, a producer, or a supplier of the good to verify the origin of the goods; and

(c) visit the premises of the exporter, a producer, or a supplier to review the records referred to in paragraphs 1 and 2 of Article 4.23 (Record Keeping Requirements) or to observe the facilities used in the production of the good.

6. As soon as possible, and in any event within 10 months after receiving the written request under paragraph 4, the customs authority of the exporting Party shall wherever possible provide the customs authority of the importing Party with the following:

(a) the documentation requested by the customs authority of the importing Party under paragraph 4 where available;

(b) the description of the good that is subject to examination, including its tariff classification in two, four, or six-digit format, depending on the origin criterion;

(c) a description of the production process;

(d) information on the manner in which the examination of the good pursuant to paragraph 5 was conducted; and

(e) supporting documentation, where appropriate.

Release of goods subject to verification

7. During verification, the importing Party shall allow the release of the good, subject to payment of any duties or provision of any security as provided for in its laws and regulations. If as a result of the verification the importing Party determines that the good is an originating good, it shall grant preferential tariff treatment to the good and refund any excess duties paid or release any security provided, unless the security also covers other obligations.

Completing a verification of origin

8. The customs authority of the importing Party shall:

(a) make a determination following a verification as expeditiously as possible and no later than 90 days after it receives the information necessary to make the determination, and no later than 365 days after the first request for information or other action under paragraph 1. If permitted by its laws and regulations, a Party may extend the 365-day period in exceptional cases, such as where the technical information concerned is very complex;

(b) provide the importer with a written determination of whether the good is originating that includes the basis for the determination; and

(c) provide the importer, exporter, or producer that provided information during the verification or certified that the good was originating with the results of the verification and the reasons for that result.

Cooperation

9. The customs authorities of the Parties shall discuss the overall operation and administration of the verification process, including forecasting of workload and discussing priorities. If there is an unmanageable number of requests, the customs authorities of the Parties shall consult to establish priorities and consider steps to manage the workload, taking into consideration operational requirements.

Article 4.25: Determinations on Claims for Preferential Tariff Treatment

1. Except as otherwise provided in paragraph 2, each Party shall grant a claim for preferential tariff treatment made in accordance with this Chapter for a good that arrives in its territory on or after the date of entry into force of this Agreement. In addition, if permitted by the importing Party, the importing Party shall grant a claim for preferential tariff treatment made in accordance with this Chapter for a good which is imported into its territory or released from customs control on or after the date of entry into force of this Agreement.

2. The importing Party may deny a claim for preferential tariff treatment if:

(a) it determines that the good does not satisfy any of the requirements of this Chapter;

(b) pursuant to a verification under Article 4.24 (Verification of Origin), it has not received sufficient information to determine that the good qualifies as originating, or that the importer, exporter, producer, or supplier has failed to comply with any requirements of this Chapter;

(c) the exporter, producer, or importer fails to respond to a written request for information in accordance with Article 4.24 (Verification of Origin); or

(d) the importer, exporter, or producer fails to comply with any of the relevant requirements for obtaining preferential tariff treatment.

3. If an importing Party denies a claim for preferential tariff treatment, it shall issue a determination to the importer that includes the reasons for the determination.

4. A Party shall not reject a claim for preferential tariff treatment for the sole reason that the invoice or other commercial document was issued in a non-party. If an invoice is issued in a non-party, a Party shall require that the declaration of origin be separate from the invoice.

Article 4.26: Refunds and Claims for Preferential Tariff Treatment after Importation

1. Each Party shall provide that an importer may apply for preferential tariff treatment and a refund of any excess duties paid for a good if the importer did not make a claim for preferential tariff treatment at the time of importation, provided that the good would have qualified for preferential tariff treatment when it was imported into the territory of the Party.

2. As a condition for preferential tariff treatment under paragraph 1, the importing Party may require that the importer:

(a) make a claim for preferential tariff treatment;

(b) where applicable, provide a copy of any declaration of origin; and

(c) provide such other documentation relating to the importation of the good as the importing Party may require,

no later than two years after the date of importation or a longer period if specified in the importing Party’s laws and regulations.

Article 4.27: Penalties

A Party shall establish or maintain measures imposing criminal, civil, or administrative penalties for violations of its laws and regulations related to this Chapter.

Article 4.28: Confidentiality

For greater certainty, Article 5.21 (Confidentiality - Customs Procedures and Trade Facilitation) applies to this Chapter.

Section C: Other Matters

Article 4.29: Working Group on Rules of Origin and Customs and Trade Facilitation

1. The Parties hereby establish a Working Group on Rules of Origin and Customs and Trade Facilitation composed of government representatives of each Party responsible for rules of origin and customs and trade facilitation matters to consider any matters arising under this Chapter or Chapter 5 (Customs Procedures and Trade Facilitation).

2. The functions of the Working Group on Rules of Origin and Customs and Trade Facilitation shall include:

(a) cooperating in the administration and uniform interpretation of this Chapter and Chapter 5 (Customs Procedures and Trade Facilitation);

(b) monitoring the effective operation and implementation of this Chapter and Chapter 5 (Customs Procedures and Trade Facilitation);

(c) providing a regular forum for information exchange on matters related to this Chapter and Chapter 5 (Customs Procedures and Trade Facilitation);

(d) ensuring customs authority contact details have been exchanged;

(e) discussing the potential for applying cumulation with:

(i) non-parties where each Party has a free trade agreement with the same non-party; and

(ii) least-developed countries;

(f) considering amendments or modifications to this Chapter, or Annex 4A (Data Requirements), that are necessary to reflect changes to the Harmonized System and taking into account developments in technology, production processes or other related matters;

(g) considering amendments or modifications to Article 4.17 (Non-Alteration); and

(h) considering any matters referred to it by the Committee on Trade in Goods or the Joint Committee.

3. The Working Group on Rules of Origin and Customs and Trade Facilitation shall meet within one year of the date of entry into force of this Agreement and thereafter as the Parties may decide.

4. The Working Group on Rules of Origin and Customs and Trade Facilitation shall report to the Committee on Trade in Goods.

Footnotes

[1] The Working Group on Rules of Origin and Customs and Trade Facilitation shall report to the Joint Committee on the operation of subparagraph (b) within one year of the date of entry into force of this Agreement.

Annex 4A:
Data Requirements

A declaration of origin that is the basis for a claim for preferential tariff treatment under this Agreement must include the following elements:

1. Exporter, Producer, or Authorised Representative of the Exporter or Producer

Indicate whether the signatory is the exporter, or producer in accordance with Article 4.18 (Claims for Preferential Tariff Treatment). In the case of an authorised representative, indicate whether the declaration of origin has been completed on behalf of the exporter, producer, or both.

2. Signatory

Provide the signatory’s name, company name (if applicable), address (including country), telephone number, and e-mail address.

3. Exporter

Provide the exporter’s name, address (including country), e-mail address, and telephone number if different from the signatory. For UK exporters, provide the UK exporter reference number where one has been assigned. The address of the exporter must be in the exporting Party. This information is not required if the producer is completing the declaration of origin and does not know the identity of the exporter.

4. Producer

Provide the producer’s name, address (including country), e-mail address, and telephone number, if different from the certifier or exporter or, if there are multiple producers, state “Various” or provide a list of producers. A person that wishes for this information to remain confidential may state “Available upon request by the importing authorities”. The address of a producer must be the place of production of the good in a Party.

5. Importer

Provide, if known, the importer’s name, address, e-mail address, and telephone number. The address of the importer must be in a Party.

6. Description and HS Tariff Classification of the Good

(a) Provide a description of the good and the Harmonized System tariff classification of the good to the six-digit level. The description should be sufficient to relate it to the good covered by the declaration of origin; and

(b) If the declaration of origin covers a single shipment of a good, indicate, if known, the invoice number related to the exportation.

7. Origin Criterion

Specify the rule of origin under which the good qualifies.

8. Period for multiple shipments

If the declaration of origin covers multiple shipments of identical goods for a specified period of up to 12 months as set out in paragraph 3 of Article 4.18 (Claims for Preferential Tariff Treatment), state the period during which such shipments will be made.

9. Authorised Signature and Date

If the exporter or producer is the signatory, the declaration of origin must be signed and dated by the signatory, and accompanied by the following statement:

I (the exporter/the producer) declare that the goods described in this document qualify as originating and the information contained in this document is true and accurate. I (the exporter/the producer) assume responsibility for proving such representations and agree to maintain and present upon request or to make available during a verification visit, documentation necessary to support this declaration of origin.

If an authorised representative of the exporter or producer is the signatory, the declaration of origin must be signed, dated and accompanied by the following statement:

I (the authorised representative of the exporter/producer) declare that the goods described in this document qualify as originating and the information contained in this document is true and accurate. The exporter or the producer, as the case may be, assumes responsibility for providing such representations and agrees to maintain and present upon request or to make available during a verification visit, documentation necessary to support this declaration of origin.

Article 5.1: Definitions

For the purposes of this Chapter:

“customs laws” means any laws and regulations applicable in the territory of each Party governing the import, export, and transit of goods, as well as other customs procedures, and including measures of prohibition, restriction, and control, administered, applied or enforced by the customs authorities of the Parties; and

“customs procedures” means the measures applied by the customs authority of each Party.

Article 5.2: Scope

1. This Chapter applies to customs procedures applied to goods traded between the Parties.

2. This Chapter shall be implemented by each Party in accordance with its laws and regulations.

Article 5.3: Customs Procedures and Facilitation of Trade

1. Each Party shall ensure that its customs procedures are applied in a manner that is predictable, consistent, transparent, and non-discriminatory.

2. The Parties affirm their rights and obligations under international agreements.

3. Customs procedures of each Party shall conform, where possible, and to the extent permitted by its respective laws, regulations, and policies, to international standards and recommended practices and under other relevant international agreements to which the Parties are party.

4. Each Party shall periodically review its customs procedures with a view to exploring options for their simplification and the enhancement of mutually beneficial arrangements to facilitate trade between the Parties.

5. The Parties shall seek to reinforce their cooperation to promote trade facilitation while ensuring effective customs control.

Article 5.4: Data, Documentation and Automation

1. With a view to simplifying and minimising the complexity of import, export, and transit formalities and documentation requirements, each Party shall ensure as appropriate, that such formalities, data, and documentation requirements:

(a) are adopted or applied with a view to a rapid release of goods, to facilitate trade between the Parties; and

(b) are adopted or applied in a manner that aims to reduce the time and cost of compliance for traders and operators.

2. Each Party shall:

(a) make electronic systems accessible to customs users;

(b) allow a customs declaration to be submitted in electronic format;

(c) employ electronic or automated systems for risk analysis and targeting; and

(d) endeavour to implement common standards and elements for import and export data;

3. The Parties shall endeavour to cooperate on the development of interoperable electronic systems, to facilitate trade between the Parties.

Article 5.5: Transparency and Publication

1. Further to Article 28.2 (Publication – Transparency and Anti-Corruption), each Party shall promptly publish, including online:

(a) importation, exportation, and transit procedures (including port, airport, and other entry point procedures) and required forms and documents;

(b) applied rates of duties and taxes of any kind imposed on or in connection with importation or exportation;

(c) fees and charges imposed by or for governmental agencies on or in connection with importation, exportation or transit;

(d) rules for the classification or valuation of products for customs purposes;

(e) laws, regulations, and administrative rulings of general application relating to rules of origin;

(f) import, export or transit restrictions or prohibitions;

(g) penalty provisions against breaches of import, export or transit formalities;

(h) procedures for appeal or review;

(i) agreements or parts thereof with any country or countries relating to importation, exportation or transit;

(j) procedures relating to the administration of tariff quotas;

(k) hours of operation services provided by customs offices at ports and border crossing points; and

(l) points of contact for information enquiries.

2. Each Party shall establish or maintain one or more enquiry points to address enquiries of interested parties or persons concerning customs and other trade facilitation issues and shall make information concerning the procedures for making those enquiries publicly available online. The enquiry points shall answer enquiries and provide the forms and documents within a reasonable time period set by each Party, which may vary depending on the nature or complexity of the request.

Article 5.6: Simplified Customs Procedures

Each Party shall adopt or maintain measures allowing traders or operators fulfilling criteria specified in its laws and regulations to benefit from further simplification of customs procedures. Those measures may be offered through a Party’s Authorised Economic Operator program, or otherwise made available to traders or operators in accordance with its laws and regulations and may include:

(a) customs declarations containing a reduced set of data or supporting documents, including for the movement of low-value consignments;

(b) deferred payment of customs duties and taxes until after the release of those imported goods; and

(c) other matters as the Party may decide.

Article 5.7: Expedited Shipments

1. Each Party shall adopt or maintain expedited customs procedures for expedited shipments,[1] while maintaining appropriate customs control and selection. These procedures shall:

(a) provide for the submission and processing of information in advance of the arrival[2] of a shipment to expedite its release;

(b) to the extent possible, allow for a single submission of information covering all goods contained in a shipment through, if possible, electronic means;

(c) to the extent possible, provide for the release of expedited shipments with a minimum of documentation or a reduced set of data;

(d) provide, in normal circumstances, for an expedited shipment to be released within six hours of arrival, provided:

(i) all information and documentation necessary to release the goods have been submitted on or prior to arrival;

(ii) the goods are not subject to physical examination or inspection; and

(iii) the goods are otherwise admissible under the importing Party’s laws and regulations;

(e) apply to shipments of any weight or value recognising that a Party may require additional entry procedures as a condition for release, including declarations and supporting documentation and payment of customs duties, and may limit such treatment based on the type of good; and

(f) provide that under normal circumstances no customs duties will be assessed on expedited shipments valued at or below a fixed amount set under a Party’s law.

2. If a Party does not provide the treatment in subparagraphs 1(a) through 1(f) to all shipments, that Party shall provide a separate[3] and expedited customs procedure that provides that treatment for expedited shipments.

Article 5.8: Release of Goods

1. Each Party shall adopt or maintain simplified customs procedures for the efficient release of goods in order to facilitate trade between the Parties in a manner that aims to reduce the cost for traders. This paragraph shall not require a Party to release a good if its requirements for release have not been met.

2. Pursuant to paragraph 1, each Party shall adopt or maintain procedures that:

(a) provide, in normal circumstances, for goods to be released within 48 hours of arrival,[4] provided:

(i) all information and documentation necessary to release the goods have been submitted on or prior to arrival;

(ii) the goods are not subject to physical examination or inspection; and

(iii) the goods are otherwise admissible under the importing Party’s laws and regulations;

(b) if applicable and to the extent possible, provide for the electronic submission and processing of customs information relating to import in advance of the arrival of the goods to expedite the release of goods from customs control upon arrival;

(c) allow goods to be released without temporary transfer to warehouses or other facilities;

(d) allow for the release of goods prior to the final determination of customs duties, taxes, fees, and charges not determined prior to or promptly upon arrival, provided that the good is otherwise eligible for release and any security required by the importing Party has been provided. Before releasing the goods, a Party may require that an importer provides sufficient guarantee in the form of a surety, a deposit, or some other appropriate instrument; and

(e) to the extent possible and if applicable, provide for, in accordance with its laws and regulations, clearance of certain goods with a minimum of documentation.

3. If a Party allows for the release of goods conditioned on a security, it shall adopt or maintain procedures that:

(a) ensure that the amount of the security is no greater than that required to ensure that obligations arising from the importation of the goods will be fulfilled;

(b) ensure that the security shall be discharged as soon as possible after its customs authority is satisfied that the obligations arising from the importation of the goods have been fulfilled; and

(c) allow importers to provide security using a form other than cash, including, in appropriate cases where an importer frequently enters goods, instruments covering multiple entries.

Article 5.9: Risk Management

1. Each Party shall adopt or maintain a risk management system for customs control that enables its customs authority to focus its inspection activities on high-risk consignments and expedite the release of low-risk consignments.

2. Each Party shall design and apply risk management in a manner as to avoid arbitrary or unjustifiable discrimination, or disguised restrictions to international trade.

3. Each Party shall base risk management on assessment of risk through appropriate selectivity criteria.

4. Each Party may also select, on a random basis, consignments for inspection activities referred to in paragraph 1 as part of its risk management.

5. In order to facilitate trade, each Party shall periodically review and update, as appropriate, the risk management system specified in paragraph 1.

Article 5.10: Advance Rulings

1. Each Party shall issue, prior to the importation of a good of the other Party into its territory, a written advance ruling at the written request of an importer in its territory, or an exporter or producer in the territory of the other Party[5], each an "applicant", with regard to:

(a) tariff classification;

(b) whether a good is originating in accordance with Chapter 4 (Rules of Origin and Origin Procedures); and

(c) other matters as the Party may decide.

2. Each Party shall issue an advance ruling as expeditiously as possible and in no case later than 90 days after it receives a request, provided that the applicant has submitted all the information that the receiving Party requires to make the advance ruling. This includes a sample of the good for which the applicant is seeking an advance ruling if requested by the receiving Party.  In issuing an advance ruling, the Party shall take into account the facts and circumstances that the applicant has provided. For greater certainty, a Party may decline to issue an advance ruling if the facts and circumstances forming the basis of the advance ruling are the subject of administrative or judicial review or where the application is not based on factual information, or does not relate to an intention to import or export.  A Party that declines to issue an advance ruling shall promptly notify the applicant in writing, setting out the relevant facts and circumstances and the basis for its decision to decline to issue the advance ruling.

3. Each Party shall provide that its advance rulings shall take effect on the date that they are issued or on another date specified in the ruling, and remain in effect for at least three years, provided that the law, facts and circumstances on which the ruling is based remain unchanged.

4. After issuing an advance ruling, the Party may modify or revoke the advance ruling if there is a change in the law, facts or circumstances on which the ruling was based, if the ruling was based on inaccurate or false information, if the ruling was in error, if conflicting advance rulings have been issued for goods of the same class or kind, if the advance ruling has been reviewed internally, or if the importing customs authority changes its interpretation of the law.

5. Where a Party revokes or modifies an advance ruling, it shall provide written notice to the applicant setting out the relevant facts and the basis for its decision.

6. Neither Party shall apply a revocation or modification retroactively to the detriment of the applicant unless the ruling was based on incomplete, incorrect, inaccurate, false, or misleading information provided by the applicant.

7. Subject to any confidentiality requirements in its laws and regulations, a Party may publish its advance rulings including online.

8. Each Party shall publish online, at least:

(a) the requirements for the application for an advance ruling, including the information to be provided and the format;

(b) the time period by which it will issue an advance ruling; and

(c) the length of time for which the advance ruling is valid.

9. An advance ruling issued by a Party shall be binding on that Party in respect of the applicant that sought it and on the applicant.

10. Each Party shall provide, upon written request of an applicant, a review of the advance ruling or of the decision to revoke or modify it.

Article 5.11: Customs valuation

For the purpose of determining the customs value of goods traded between the Parties, the provisions of any Customs Valuation Agreement shall apply, mutatis mutandis.

Article 5.12: Review and Appeal

1. Each Party shall ensure that any person to whom it issues a decision on a customs matter has access to:

(a) an administrative appeal to or review by an administrative authority higher than or independent of the official or office that issued the decision; and

(b) a judicial appeal or review of the decision.

2. Each Party shall ensure that, in a case where the decision on appeal or review under subparagraph 1(a) is not given within the period of time provided for in its laws and regulations or without undue delay, the person has the right to further administrative or judicial appeal or review or any other recourse to the judicial authority in accordance with that Party’s laws and regulations.

3. Each Party shall provide a person to whom it issues an administrative decision on the basis of a review or appeal referred to in paragraph 1 with the reasons for the administrative decision, so as to enable such a person to have recourse to appeal procedures where necessary.

Article 5.13: Penalties

1. Each Party shall adopt or maintain measures that allow for the imposition of a penalty by a Party’s customs authority for a breach of its customs laws.

2. Each Party shall ensure that any penalties imposed for breaches of customs laws are proportionate and non-discriminatory. Any penalty imposed shall depend on the facts and circumstances of the case and shall be commensurate with the degree and severity of the breach.

3. Each Party shall ensure that a penalty imposed by its customs authority for a breach of its customs laws is imposed only on the person legally responsible for the breach.

4. Each Party is encouraged to require its customs authority, when imposing a penalty for a breach of its customs laws, to consider as a potential mitigating factor the voluntary disclosure of the breach prior to its discovery by the customs authority.

5. Each Party shall ensure that if a penalty is imposed for a breach of customs laws, an explanation in writing is provided to the person upon whom the penalty is imposed, specifying the nature of the breach and the applicable laws under which the amount or range of penalty for the breach has been prescribed.

6. Each Party shall provide in its laws, regulations or procedures, or otherwise give effect to, a fixed and finite period within which its customs authority may initiate proceedings to impose a penalty relating to a breach of its customs laws.

Article 5.14: Customs Cooperation

1. The Parties shall, within the competence and available resources of their respective customs authorities, enhance cooperation, including the exchange of information on the matters referred to in this Chapter, with a view to further developing trade facilitation, while ensuring compliance with their respective customs laws, regulations, and procedural requirements, and improving supply chain security, in the following areas:

(a) cooperation on harmonisation of data requirements for customs purposes, in line with applicable international standards;

(b) cooperation on further development of the customs-related aspects of securing and facilitating the international trade supply chain;

(c) cooperation on improvement of their risk management techniques, including sharing best practices and, if appropriate, risk information and control results; and

(d) cooperation in international organisations on matters of common interest, including tariff classification, customs valuation and origin.

Article 5.15: Single Window

Each Party shall endeavour to develop or maintain single window systems to facilitate a single, electronic submission of all information required by customs and other legislation for the exportation, importation and transit of goods.

Article 5.16: Transit and Transhipment

Each Party shall:

(a) ensure the facilitation and effective control of transhipment operations and transit movements through their respective territories;

(b) ensure that its authorities and agencies responsible for border controls and procedures dealing with the transit and transhipment of goods cooperate and coordinate their activities in order to facilitate trade; and

(c) allow goods intended for import to be moved under customs control within its territory from a customs office of entry to another customs office in its territory from where the goods would be released or cleared.

Article 5.17: Post-clearance Audit

1. With a view to expediting the release of goods, each Party shall:

(a) adopt or maintain post-clearance audit processes to ensure compliance with customs and other related laws and regulations;

(b) conduct post-clearance audits in a risk-based manner, which may include appropriate selectivity criteria;

(c) conduct post-clearance audits in a transparent manner. Where an audit is conducted and conclusive results have been achieved the Party shall, without delay, notify the person whose record is audited of the results, the reasons for the results and the audited person's rights and obligations; and

(d) wherever practicable, use the result of post-clearance audit in applying risk management.

Article 5.18: Customs Brokers

The Parties shall:

(a) not require the mandatory use of customs brokers;

(b) publish measures on the use of customs brokers; and

(c) apply transparent and objective rules if and when licensing customs brokers.

Article 5.19: Temporary Admission of Goods

1. Each Party shall allow, as provided for in its laws and regulations, goods to be brought into its territory, conditionally relieved, totally or partially, from payment of import duties and taxes, if such goods are brought into its customs territory for a specific purpose, have not undergone any change except normal depreciation and wastage due to the use made of them, and are intended for re-exportation within a specific period.

2. Each Party shall continue to facilitate procedures for the temporary admission of goods traded between the Parties in accordance with its laws and regulations, and international obligations, with regard to:

(a) goods intended for display or demonstration at exhibitions, fairs, meetings, demonstrations or similar events, and goods intended for use in connection with the display of foreign products at those events;

(b) professional equipment;

(c) commercial samples, advertising, films and recordings;

(d) containers, packing materials and pallets that are in use or to be used in the shipment of goods in international traffic;

(e) goods imported for sports purposes; and

(f) any other goods as the Party may decide.

Article 5.20: Perishable Goods 

1. For the purposes of this Article, perishable goods are goods that rapidly decay due to their natural characteristics, in particular in the absence of appropriate storage conditions.

2. With a view to preventing avoidable loss or deterioration of perishable goods, and provided that all regulatory requirements have been met, each Party shall:

(a) provide in normal circumstances, for perishable goods to be released within 6 hours of arrival[6] provided:

(i) all information and documentation necessary to release the goods have been submitted on or prior to arrival;

(ii) the goods are not subject to physical examination or inspection;

(iii) the goods are otherwise admissible under the importing Party’s laws and regulations; and

(b) in exceptional circumstances where it would be appropriate to do so, provide for the release of perishable goods outside the business hours of customs and other relevant authorities.

3. Each Party shall give appropriate priority to perishable goods when scheduling any physical examinations or inspections that may be required.

4. Each Party shall either arrange or allow an importer to arrange for the proper storage of perishable goods pending their release.  Each Party may require that any storage facilities arranged by the importer have been approved or designated by its relevant authorities. The movement of the goods to those storage facilities, including authorisations for the operator moving the goods, may be subject to the approval, where required, of the relevant authorities. Each Party shall, where practicable and consistent with domestic legislation, upon the request of the importer, provide for any procedures necessary for release to take place at those storage facilities.

Article 5.21: Confidentiality

1. Further to Article 31.6 (Confidentiality of Information – General Provisions and Exceptions), each Party shall maintain the confidentiality of the information collected pursuant to this Chapter or Chapter 4 (Rules of Origin and Origin Procedures) and shall protect that information from disclosure that could prejudice the competitive position of the person to whom the confidential information relates.

2. Confidential information collected pursuant to this Chapter or Chapter 4 (Rules of Origin and Origin Procedures) shall only be used or disclosed for the purpose of administration and enforcement of customs matters, including determination of origin, or as otherwise provided under the Party’s laws and regulations, except with the permission of the Party who provided the confidential information. Where permission has been granted by a Party, that use shall then be subject to any restrictions laid down by that Party.

3. If the Party receiving or obtaining the information is authorised or required by its laws and regulations to disclose the information, that Party shall, where possible, notify the Party who provided that information, wherever possible in advance of that disclosure.

4. Paragraph 2 shall not preclude the use of information collected as part of its customs processes as evidence in proceedings or charges subsequently instituted before the courts or tribunals for failure to comply with customs law. Where the information is received from the other Party, the Party shall, where possible, notify the Party who provided the information in advance of such use.

Article 5.22: Working Group on Rules of Origin and Customs and Trade Facilitation

The Working Group on Rules of Origin and Customs and Trade Facilitation established pursuant to Article 4.29 (Working Group on Rules of Origin and Customs and Trade Facilitation – Rules of Origin) shall consider any matters arising under this Chapter.

Footnotes

[1] Expedited shipments may include goods imported through air cargo, or goods imported by traders fulfilling other criteria specified in the importing Party's laws and regulations.

[2] For the purposes of this Article and in relation to shipments into the UK,“arrival” for the UK means arrival at the point where the goods are presented to customs.

[3] For greater certainty, “separate” does not mean a specific facility or lane.

[4] For the purposes of this Article and in relation to shipments into the UK “arrival” for the UK means arrival at the point where the goods are presented to customs.

[5] For greater certainty, an importer, exporter or producer may submit a request for an advance ruling through a duly authorised representative.

[6] For the purposes of this Article and in relation to shipments into the UK, “arrival” means at the point where the goods are presented to customs.

Article 6.1: Definitions

For the purposes of this Chapter:

“relevant international organisations” means organisations that focus on or have agreements in relation to sanitary and phytosanitary measures;

“SPS measure” means a “sanitary or phytosanitary measure” as defined in Article 1.4 (General Definitions – Initial Provisions and General Definitions); and

“the SPS Committee” means the Committee on Sanitary and Phytosanitary Measures.

Article 6.2: Objectives

The objectives of this Chapter are to:

(a) protect human, animal and plant life and health in the territory of the Parties while facilitating trade between them;

(b) ensure that the Parties' SPS measures do not create unjustified barriers to trade;

(c) reinforce and build upon the implementation of relevant international agreements;

(d) promote greater transparency and understanding on the application of each Party's SPS measures;

(e) strengthen communication and cooperation on relevant SPS issues; and

(f) promote resolution of SPS issues that may affect trade between the Parties.

Article 6.3: Scope

This Chapter applies to all SPS measures of a Party that may, directly or indirectly, affect trade between the Parties.

Article 6.4: Affirmation of Relevant International Agreements

1. The Parties affirm their rights and obligations with respect to each other under relevant international agreements.

2. Nothing in this Chapter shall affect the rights and obligations of each Party under relevant international agreements.

Article 6.5: Science and Risk Assessment

1. The Parties recognise the importance of ensuring that their respective SPS measures are based on scientific principles.

2. The Parties shall ensure that their SPS measures are based on risk assessment and take into account risk assessment techniques developed by relevant international organisations.

Article 6.6: Adaption to Regional Conditions

1. The Parties acknowledge that adaptation of SPS measures to recognise regional conditions, including through application of concepts such as pest or disease free areas, areas of low pest or disease prevalence, zoning, compartmentalisation, pest free places of production, and pest free production sites, is an important means of facilitating trade.

2. Each Party shall apply the concepts set out in paragraph 1 and take into account relevant international standards, guidelines and recommendations, and relevant guidance of the SPS Committee.

3. The Parties shall endeavour to cooperate on the recognition of regional conditions with the objective of acquiring confidence in the procedures followed by each Party for the recognition of regional conditions.

4. When undertaking a risk assessment that will establish or maintain an SPS measure applicable to the exporting Party, the importing Party shall take into consideration a regionalisation determination of the exporting Party where this information is provided to them, including:

(a) for sanitary measures applicable to the exporting Party, considering where zones proposed by the exporting Party have the status of disease-free officially recognised by relevant international animal health organisations or when the status has been recovered after an outbreak;

(b) for phytosanitary measures applicable to the exporting Party, taking into account, inter alia, the pest status of an area, pest free areas, pest free places of production, pest free production sites, or areas of low pest prevalence that the exporting Party has established.

5. When making an assessment, the importing Party shall base its own determination of the animal and plant health status of the exporting Party or parts thereof, on the information provided by the exporting Party in accordance with international standards, guidelines and recommendations, and any other information it considers appropriate.

6. Where the importing Party determines that the information provided by the exporting Party with its request is sufficient it shall initiate an assessment and make a decision within a reasonable period of time as to whether it can accept the exporting Party’s determination of regional conditions.

7. Where the importing Party has accepted the exporting Party’s determination of regional conditions the exporting Party shall notify the importing Party of any modification to those regional conditions. Following any such notification the importing Party may continue to accept the exporting country’s determination of regional conditions and allow trade to continue, provided that the importing Party is satisfied that its appropriate level of protection will be maintained. The importing Party may apply any other measure or measures to meet its appropriate level of protection.

8. If the importing Party adopts a measure that recognises specific regional conditions of an exporting Party, the importing Party shall implement the measure within a reasonable period of time and inform the exporting party when trade can commence without undue delay.

9. If the evaluation of the evidence provided by the exporting Party does not result in a decision to recognise the regional conditions of the exporting Party, the importing Party shall provide the exporting Party with the rationale for its determination within a reasonable period of time.

10. If there is an incident that results in the importing Party modifying or revoking a decision recognising the regional conditions of the exporting Party, the Parties shall cooperate to assess whether the determination can be reinstated.

Article 6.7: Equivalence

1. The Parties acknowledge that recognition of the equivalence of SPS measures is an important means of facilitating trade. In determining equivalence of an individual measure, group of measures, or measures on a systems-wide basis, each Party shall consider the relevant international standards, guidelines and recommendations.

2. The importing Party shall recognise the equivalence of SPS measures, even if the measures differ from its own, if the exporting Party objectively demonstrates to the importing Party that the exporting Party's measures achieve the importing Party's appropriate level of protection. The final determination of equivalence rests with the importing Party.

3. In order to strengthen cooperation on equivalence the Parties may, pursuant to paragraph 3(a) of Article 6.16 (Committee on SPS Measures), consider establishing a procedure for recognition of equivalence based on relevant international standards, guidelines and recommendations, and guidance of the SPS Committee. Such a procedure may include, inter alia, the consultation process, information requirements, appropriate timeframes, and the respective responsibilities of the importing and exporting parties. The Parties shall determine the most appropriate form of any such procedure.

Article 6.8: Trade Conditions

1. The importing Party shall make publicly available its general SPS import requirements and, upon request, make available to the exporting Party all SPS import requirements relating to the import of specific goods unless such information is publicly available.

2. For the purpose of establishing specific SPS import conditions, the exporting Party shall, at the request of the importing Party, provide all relevant information required by the importing Party

3. Each Party shall ensure that all SPS control, inspection, assessment, and approval procedures are undertaken and completed without undue delay including, if needed, audits, and the necessary legislative or administrative measures to complete the approval procedure. Each Party shall, in particular, avoid unnecessary or unduly burdensome information requests, and take into account information already available in the importing Party, such as on the legislative framework and audit reports of the exporting Party

4. Subject to its laws and regulations, when a risk assessment is required in the process of determining import conditions, a Party shall, upon request, provide the other Party with the outcomes of that risk assessment within a reasonable period of time of the risk assessment being finalised.

5. The importing Party shall approve an establishment or facility situated in the territory of the exporting Party without prior inspection where it has determined that the establishment or facility meets its relevant SPS requirements.

Article 6.9: Audit and Verification

1. For the purpose of attaining and maintaining confidence in an exporting Party's ability to provide required assurances and to comply with the SPS import requirements and related control measures of the importing Party, the importing Party shall have the right to carry out an audit or verification[1] of all or part of the control system of the competent authority of the exporting Party.

2. If possible, an audit or verification shall be systems-based and designed to check the effectiveness of the regulatory controls of the competent authorities of the exporting Party.

3. In undertaking an audit or verification a Party shall take into account relevant guidance of the SPS Committee and relevant international standards, guidelines and recommendations.

4. The Parties shall endeavour to agree the conditions under which an audit or verification is to be carried out in advance. Prior to the commencement of an audit or verification, the importing Party shall notify the exporting Party of its intention, and state the basis for undertaking the audit or verification, which may include:

(a) the reason it is required;

(b) the objectives and scope of the assessment;

(c) the criteria or requirements against which the exporting Party will be assessed; and

(d) the procedures for conducting the assessment, including the method or methods of verification.

5. The Parties shall endeavour to limit the frequency and number of audit visits. In case of a subsequent audit related to the same good, the importing Party shall carry out an audit only in duly justified circumstances and provide the exporting Party with an explanation as to the reason for the audit.

6. The importing Party may appoint a governmental body, non-governmental body, or a person with the necessary relevant expertise to carry out all or part of an audit or verification on its behalf.

7. The importing Party shall provide the exporting Party with a draft audit or verification report, including its findings, conclusions and recommendations, and shall provide the exporting Party with the opportunity to comment on the draft report. The importing Party shall consider any comments that have been provided within a reasonable period of time, before finalising its assessment.

8. The importing Party shall provide the exporting Party with a final report setting out its conclusions in writing within a reasonable period of time. If necessary to meet its appropriate level of protection, the importing Party may implement SPS measures prior to the completion of the audit or verification provided that such measures are not inconsistent with this Agreement.

9. The costs incurred by the importing Party to conduct an audit or verification shall be borne by the importing Party, unless the Parties agree otherwise.

10. Measures taken by the importing Party as a consequence of its audit or verification shall be supported by objective evidence, take into account the importing Party's knowledge of, relevant experience with, and confidence in, the exporting Party, and shall not be more trade restrictive than necessary to achieve the importing Party's appropriate level of protection. Nothing in this paragraph prevents a Party taking an emergency measure consistent with Article 6.12 (Emergency SPS Measures).

Article 6.10: Certification

1. If a Party requires import certification, it shall ensure that the SPS requirement for certification is applied only to the extent necessary to meet its SPS objectives and shall take into account guidance of the SPS Committee and relevant international standards, guidelines and recommendations.

2. The Parties may enter into consultations through the SPS Committee, with the aim of agreeing principles, guidelines, or specific requirements for certification.

3. The Parties shall progress the implementation of paperless trade through electronic SPS certification and provide updates on implementation through the SPS Committee.

Article 6.11: Import Checks and Fees

1. The importing Party shall have the right to carry out import checks based on the sanitary and phytosanitary risks associated with imports. These checks shall be carried out without undue delay and with minimum trade disrupting effects.

2. If import checks reveal non-compliance with the relevant import requirements, the action taken by the importing Party must be based on an assessment of the risk involved and not be more trade-restrictive than required to achieve the Party's appropriate level of protection.

3. The importing Party shall notify the importer of a non-compliant consignment, or its representative, of the reason for non-compliance, and, subject to its law, provide them with an opportunity for a review of the decision. The importing Party shall consider any relevant information submitted to assist in the review.

Article 6.12: Emergency SPS Measures

1. If a Party adopts an emergency SPS measure necessary for the protection of human, animal or plant life or health, the Party shall notify the other Party of that measure through its contact point as soon as possible, and in any case no later than 48 hours after the decision to adopt the measure.

2. On the request of the other Party, a Party adopting an emergency SPS measure shall engage in technical consultations under Article 6.15 (Technical Consultations). The Parties shall endeavour to hold technical consultations within 10 days of the receipt of the request, and in any case consultations must be held as soon as possible following receipt of the request. The Party that adopts the emergency SPS measure shall take into consideration any information provided by the other Party in response to the notification and during technical consultations.

3. The importing Party shall consider, in a timely manner, information that was provided by the exporting Party when it makes its decision with respect to consignments that, at the time of adoption of the emergency SPS measure, are being transported between the Parties, in order to avoid unnecessary disruptions to trade.

4. If a Party adopts an emergency SPS measure, it shall commence a science-based review of the measure within a reasonable period of time. The Party shall then review the need for the emergency SPS measure as required, and if it remains in place provide, on request, the justification for maintaining the emergency SPS measure.

Article 6.13: Cooperation

The Parties shall cooperate to strengthen collaboration between the Parties in their involvement in the work of relevant international organisations that develop international standards, guidelines and recommendations relevant to the matters covered by this Chapter.

Article 6.14: Transparency, Notification and Information Exchange

1. The Parties acknowledge the value of exchanging information in a timely manner relating to their respective SPS measures and ensuring transparency in the implementation of such measures. To this end, each Party shall facilitate the exchange of information on their respective sanitary and phytosanitary regimes.

2. Each Party shall promptly notify the other Party of a:

(a) significant change to pest or disease status; and

(b) significant food safety issue related to a good traded between the Parties.

3. In particular, each Party shall, through the contact points designated under Article 6.17 (Competent Authorities and Contact Points), on request, provide information to the other Party of any new or revised SPS measures, including measures imposed in response to an urgent threat to human, animal or plant life or health.

4. Where the information referred to in paragraphs 2 and 3 has been made available publicly, or to the relevant international organisations, the requirements in those paragraphs shall be deemed to be fulfilled.

Article 6.15: Technical Consultations

1. If a Party has specific trade concerns regarding SPS measures proposed or implemented by the other Party, it may request technical consultations through the contact point.

2. The responding Party shall provide a written reply to the requesting Party within 30 days of the receipt of a request. The Parties shall enter into technical consultations within 30 days of the requesting Party's receipt of the reply, unless the Parties agree otherwise. Such consultations may be conducted via teleconference, videoconference or any other means agreed by the Parties.

3. The Parties shall endeavour to provide all relevant information necessary to avoid disruption to trade and to reach a mutually acceptable solution within a reasonable period of time.

4. Where the Parties have already established other mechanisms than those referred to in this Article to address the concerns, they shall make use of them to the extent possible in order to avoid unnecessary duplication.

Article 6.16: Committee on SPS Measures

1. The Parties hereby establish a Committee on Sanitary and Phytosanitary Measures (the “SPS Committee”), composed of government representatives of each Party responsible for SPS matters.

2. The functions of the SPS Committee shall include:

(a) monitoring implementation and considering any matter related to this Chapter;

(b) providing an opportunity for the identification, prioritisation, discussion, and resolution of SPS issues;

(c) recommending any mutually agreed proposals for amendments to this Chapter to the Joint Committee; and

(d) providing a forum to exchange information on each Party's SPS regulatory system.

3. The SPS Committee may, among other things:

(a) identify opportunities for greater cooperation activities relevant to this Chapter, including trade facilitation initiatives and further work on eliminating unnecessary SPS barriers to trade between the Parties;

(b) discuss, at an early stage, a change to, or a proposed change to, a SPS measure being considered;

(c) facilitate improved understanding between the Parties on the implementation of this Agreement, and promote cooperation between the Parties on SPS issues in multilateral fora and relevant international organisations, as appropriate; and

(d) provide opportunities to identify initiatives to strengthen bilateral technical cooperation relevant to this Chapter.

4. The SPS Committee may establish technical working groups to address specific SPS issues with the aim of reaching a mutually acceptable resolution with the least disruption to trade. Any technical working group established shall report to the SPS Committee on progress of its work.

5. A Party may refer any SPS issue to the SPS Committee. The SPS Committee shall consider the issue as expeditiously as possible. If the SPS Committee is unable to resolve an issue it shall, at the request of a Party, report to the Joint Committee.

6. The SPS Committee shall meet within one year of the date of entry into force of this Agreement, and on annual basis, unless the Parties agree otherwise.

7. The SPS Committee may decide to meet by videoconference or teleconference or by any such means as may be agreed by the Parties, and it may also address issues by correspondence.

8. The SPS Committee shall take decisions and make recommendations by consensus.

9. The SPS Committee shall report, as needed, on its activities and work programme to the Joint Committee.

Article 6.17: Competent Authorities and Contact Points

1. Each Party shall notify to the other Party a list of its competent authorities on entry into force of this Agreement. The notification shall include contact information of these authorities.

2. Each Party shall also designate and notify a contact point to facilitate the exchange of information and any communication between the Parties relating to this Chapter on entry into force of this Agreement.

3. Each Party shall promptly notify the other Party of any change of its competent authorities, the contact information of its competent authorities, or its contact point.

Article 6.18: Non-Application of Dispute Settlement

Neither Party shall have recourse to dispute settlement under Chapter 30 (Dispute Settlement) for any matter arising under this Chapter.

Footnotes

[1] For greater certainty, an audit or verification may include desk assessments and virtual, remote, or physical audits.

Article 7.1: Definitions

For the purposes of this Chapter:

"standard" means a document approved by a recognized body, that provides, for common and repeated use, rules, guidelines or characteristics for products or related processes and production methods, with which compliance is not mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a product, process or production method;

"technical regulation" means a document which lays down product characteristics or their related processes and production methods, including the applicable administrative provisions, with which compliance is mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a product, process or production method.

"conformity assessment procedures" means any procedure used, directly or indirectly, to determine that relevant requirements in technical regulations or standards are fulfilled.

"non-governmental body" means a body other than a central government body or a local government body, including a non-governmental body which has legal power to enforce a technical regulation.

Article 7.2: Objective

The objective of this Chapter is to facilitate trade, including by eliminating unnecessary technical barriers to trade, enhancing transparency, and promoting greater regulatory cooperation and good regulatory practice.

Article 7.3: Scope

1. Unless otherwise provided in paragraph 4, this Chapter applies to the preparation, adoption, and application of all technical regulations, standards, and conformity assessment procedures of the central level of government that may affect trade in goods between the Parties.

2. Each Party shall take such reasonable measures as may be available to it to ensure compliance with the provisions of this Chapter by regional or local government bodies and non-governmental bodies within its territory which are responsible for the preparation, adoption, and application of technical regulations, standards, and conformity assessment procedures.

3. All references in this Chapter to technical regulations, standards, and conformity assessment procedures shall be construed to include any amendments to them and any addition to the rules or the product coverage of those technical regulations, standards, and procedures.

4. This Chapter does not apply to:

(a) technical specifications prepared by governmental bodies for the production or consumption requirements of such bodies; or

(b) sanitary or phytosanitary measures, which are covered by Chapter 6 (Sanitary and Phytosanitary Measures).

5. Nothing in this Chapter shall prevent a Party from adopting or maintaining technical regulations, standards, or conformity assessment procedures in accordance with its rights and obligations under this Agreement and any other relevant international agreement.

Article 7.4: Affirmation of Relevant International Agreements

The Parties affirm their rights and obligations under relevant international agreements.

Article 7.5: Technical Regulations

1. Each Party shall give positive consideration to accepting technical regulations of the other Party as equivalent to its own, even if these regulations differ from its own, provided that it is satisfied that these regulations adequately fulfil the objectives of its own regulations.

2. Where a Party does not accept a technical regulation of the other Party as equivalent to its own, it shall, on request of the other Party, explain the reasons for its decision.

Article 7.6: International Standards, Guides, and Recommendations

1. The Parties recognise the important role that international standards, guides, and recommendations can play in supporting greater regulatory alignment, good regulatory practice, and reducing unnecessary barriers to trade.

2. Each Party shall use international standards, guides, and recommendations, or the relevant parts thereof, as a basis for its technical regulations and conformity assessment procedures.

3. Where a Party does not use an international standard, guide, or recommendation, or the relevant parts thereof, as a basis for a technical regulation or conformity assessment procedure, it shall, on request of the other Party, explain the reasons for its decision.

4. Each Party shall encourage the standards bodies established within its territory to cooperate and exchange views with each other on matters under discussion in relevant international or regional bodies that develop international standards, guides, or recommendations relevant to this Chapter.

5. In determining whether an international standard, guide, or recommendation exists, each Party shall apply the decisions and recommendations adopted by relevant international bodies.[1]

Article 7.7: Conformity Assessment Procedures

1. The Parties recognise that a broad range of mechanisms exists to facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the other Party's territory. For example:

(a) a Party may agree with the other Party to accept the results of conformity assessment procedures that bodies located in the other Party's territory conduct with respect to specific technical regulations;

(b) a Party may adopt accreditation procedures for qualifying conformity assessment bodies located in the other Party's territory;

(c) a Party may recognise the results of conformity assessment procedures conducted in the other Party's territory;

(d) conformity assessment bodies located in the territory of either Party may enter into voluntary arrangements to accept the results of each other's assessment procedures; and

(e) the importing Party may rely on a supplier's declaration of conformity.

2. The Parties shall exchange information on the range of mechanisms relevant to conformity assessment procedures in their respective territories with a view to facilitating the acceptance of conformity assessment results.

3. Where a Party does not accept the results of a conformity assessment procedure conducted in the territory of the other Party, it shall, on request of the other Party, explain the reasons for its decision.

4. The Parties acknowledge the trade facilitation role played by agreements on mutual recognition and the importance of cooperating in the field of mutual recognition in relation to conformity assessment in accordance with those agreements. The Parties recognise that they may, in accordance with those agreements, review and amend its provisions, including by extending its coverage, as appropriate.

Article 7.8: Marking and Labelling

1. Each Party shall in respect of technical regulations that include or deal exclusively with mandatory marking or labelling requirements:

(a) accord treatment no less favourable to products imported from the territory of the other Party than that accorded to its own like products or those originating in any other country; and

(b) ensure that such technical regulations are not prepared, adopted, or applied with a view to, or with the effect of, creating unnecessary obstacles to international trade. For this purpose, such technical regulations shall not be more trade-restrictive than necessary to fulfil a legitimate objective, taking account of the risks non-fulfilment would create. Such legitimate objectives are, inter alia, national security requirements, the prevention of deceptive practices, protection of human health or safety, animal or plant life or health, or the environment. In assessing such risks, relevant elements of consideration are, inter alia, available scientific and technical information, related processing technology, or intended end-uses of products.

2. Where a Party requires mandatory marking or labelling of products, the Party may accept, where it considers that legitimate objectives are not compromised thereby:

(a) non-permanent or detachable labels; or

(b) marking or labelling in the accompanying documentation in place of marking or labelling attached to the product.

3. Where an international system of nomenclature, pictograms, symbols, or graphics has been accepted by both Parties, such elements may be used. The simultaneous use of additional languages shall not be prohibited, provided that the information provided in the additional languages does not constitute a contradictory, confusing, misleading, or deceptive statement regarding the product.

Article 7.9: Transparency

1. Each Party shall allow persons of the other Party to participate in the development of its technical regulations, standards, and conformity assessment procedures, subject to its laws and regulations, or administrative arrangements, on terms no less favourable than those accorded to its own persons.

2. As appropriate, each Party shall encourage non-governmental bodies in its territory to observe paragraph 1 in relation to consultation procedures on standards and voluntary conformity assessment procedures which are available to the general public.

3. On request of the other Party, a Party shall provide the other Party with information regarding the objective of, and rationale for, a technical regulation or conformity assessment procedure that the Party has adopted or is proposing to adopt.

Article 7.10 Cooperation and Trade Facilitation

1. The Parties shall work cooperatively in the fields of standards, technical regulations, and conformity assessment procedures with a view to facilitating trade between the Parties. Such cooperation may include:

(a) exchanging information regarding technical regulations, standards, conformity assessment procedures, and good regulatory practices;

(b) increasing the harmonisation of their respective technical regulations, standards, and conformity assessment procedures with relevant international standards, guides, or recommendations;

(c) enhancing cooperation in the development of standards in areas of shared interest in particular as regards new or emerging products or technologies;

(d) enhancing cooperation and dialogue on mutually agreed regulatory issues;

(e) increasing coordination, as appropriate, in relevant regional and international bodies relating to the development and application of standards and conformity assessment procedures; and

(f) other areas as agreed by the Parties.

2. On request of the other Party, a Party shall give positive consideration to a sector-specific proposal that the requesting Party makes for further cooperation under this Chapter.

7.11: Information Exchange

Any information or explanation that a Party provides in response to a request of the other Party in accordance with this Chapter shall be provided in print or electronically within a reasonable period, and where possible within 60 days of the first Party’s receipt of the request.

Article 7.12: Committee on Technical Barriers to Trade

1. The Parties hereby establish a Committee on Technical Barriers to Trade (the “TBT Committee”), composed of government representatives of each Party responsible for technical barriers to trade matters. The TBT Committee may also invite relevant persons, with the necessary expertise regarding the issues for discussion, to attend as observers.

2. The functions of the TBT Committee include:

(a) monitoring the operation and implementation of this Chapter;

(b) providing a regular forum for information exchange on matters related to this Chapter;

(c) providing a forum for seeking to resolve differences that may arise regarding the interpretation or application of this Chapter; and

(d) considering any other matters referred to it by the Joint Committee.

3. The TBT Committee may establish working groups to undertake specific tasks related to its functions under this Chapter.

4. Where a Party declines to discuss an issue through the TBT Committee under paragraph 2, it shall, on the request of the other Party, explain the reasons for its decision.

5. The TBT Committee shall meet within one year of the date of entry into force of this Agreement, and on an annual basis, unless the Parties agree otherwise.

Article 7.13: Contact Points

Each Party shall designate and notify a contact point to facilitate communications between the Parties on any matter covered by this Chapter.

Article 7.14: Dispute Settlement

Neither Party shall have recourse to dispute settlement under Chapter 30 (Dispute Settlement) for any matter arising under this Chapter.

Article 7.15: Annex

1. The rights and obligations set out in Annex 7A (Cosmetics) apply only with respect to the sector specified in that Annex.

2. The scope of Annex 7A (Cosmetics) is set out in that Annex.

Footnotes

[1] For greater certainty, the Parties shall also consider relevant interpretations in reports of panels and dispute settlement bodies.

Annex 7A:
Cosmetics

1. For the purposes of this Annex:

“marketing authorisation” means the process or processes by which a Party approves or registers a product in order to authorise its marketing, distribution, or sale in the Party’s territory. The process or processes may be described in a Party’s laws or regulations in various ways, including “marketing authorisation”, “authorisation”, “approval”, “registration”, “sanitary authorisation”, “sanitary registration”, and “sanitary approval” for a product. Marketing authorisation does not include notification procedures; and

“post-market surveillance” means procedures taken by a Party after a product has been placed on its market to enable the Party to monitor or address compliance with the Party’s domestic requirements for products.

2. This Annex applies to the preparation, adoption, and application of technical regulations, standards, conformity assessment procedures, marketing authorisation,[1] and notification procedures of central government bodies that may affect trade in cosmetic products between the Parties. This Annex does not apply to a technical specification prepared by a governmental entity for its production or consumption requirements or a sanitary or phytosanitary measure.

3. Each Party’s obligations under this Annex apply to any product that the Party defines as a cosmetic product pursuant to paragraph 4. For the purposes of this Annex, preparation of a technical regulation, standard, conformity assessment procedure, or marketing authorisation includes, as appropriate, the evaluation of the risks involved, the need to adopt a measure to address those risks, the review of relevant scientific or technical information, and the consideration of the characteristics or design of alternative approaches.

4. Each Party shall define the scope of the products subject to its laws and regulations for cosmetic products in its territory and make that information publicly available.

5. Recognising that each Party is required to define the scope of products covered by this Annex pursuant to paragraph 4, for the purposes of this Annex, a cosmetic product may include a product that is intended to be rubbed, poured, sprinkled, sprayed on, or otherwise applied to the human body including the mucous membrane of the oral cavity and teeth, to cleanse, beautify, protect, promote attractiveness, or alter the appearance.

6. Each Party shall identify the agency or agencies that are authorised to regulate cosmetic products in its territory and make that information publicly available.

7. If more than one agency is authorised to regulate cosmetic products within the territory of a Party, that Party shall examine whether there is overlap or duplication in the scope of those authorities and eliminate unnecessary duplication of any regulatory requirements resulting for cosmetic products.

8. The Parties shall seek to collaborate through relevant international initiatives, such as those aimed at harmonisation, as well as regional initiatives that support those international initiatives, as appropriate, to improve the alignment of their respective regulations and regulatory activities for cosmetic products.

9. When developing or implementing regulations for cosmetic products, each Party shall consider relevant scientific or technical guidance documents developed through international collaborative efforts. Each Party is encouraged to consider regionally-developed scientific or technical guidance documents that are aligned with international efforts.

10. Each Party shall observe obligations with respect to a marketing authorisation, notification procedure, or elements of either that the Party prepares, adopts, or applies for cosmetic products and that do not fall within the definition of a technical regulation or conformity assessment procedure.

11. Each Party shall ensure that it applies a risk-based approach to the regulation of cosmetic products.

12. In applying a risk-based approach in regulating cosmetic products, each Party shall take into account that cosmetic products are generally expected to pose less potential risk to human health or safety than medical devices or medicines.

13. Neither Party shall conduct separate marketing authorisation processes or sub-processes for cosmetic products that differ only with respect to shade extensions or fragrance variants, unless a Party identifies a significant human health or safety concern.

14. Each Party shall administer any marketing authorisation process that it maintains for cosmetics products in a timely, reasonable, objective, transparent, and impartial manner, and identify and manage any conflicts of interest in order to mitigate any associated risks.

(a) If a Party requires marketing authorisation for a cosmetic product, that Party shall provide an applicant with its determination within a reasonable period of time.

(b) If a Party requires marketing authorisation for a cosmetic product and it determines that a marketing authorisation application for a cosmetic product under review in its jurisdiction has deficiencies that have led or will lead to a decision not to authorise its marketing, that Party shall inform the applicant that requests marketing authorisation and provide reasons why the application is deficient.

(c) If a Party requires a marketing authorisation for a cosmetic product, the Party shall ensure that any marketing authorisation determination is subject to an appeal or review process that may be invoked at the request of the applicant. For greater certainty, the Party may maintain an appeal or review process that is either internal to the regulatory body responsible for the marketing authorisation determination, such as a dispute resolution or review process, or external to the regulatory body.

(d) If a Party has granted marketing authorisation for a cosmetic product in its territory, the Party shall not subject the product to periodic re-assessment procedures as a condition of retaining its marketing authorisation.

15. If a Party maintains a marketing authorisation process for cosmetic products, that Party shall consider replacing this process with other mechanisms such as voluntary or mandatory notification and post-market surveillance.

16. When developing regulatory requirements for cosmetic products, each Party shall consider its available resources and technical capacity in order to minimise the implementation of requirements that could:

(a) inhibit the effectiveness of procedures for ensuring the safety or manufacturing quality of cosmetic products; or

(b) lead to substantial delays in marketing authorisation regarding cosmetic products for sale on that Party’s market.

17. Neither Party shall require the submission of marketing information, including with respect to prices or cost, as a condition for the product receiving marketing authorisation.

18. Neither Party shall require a cosmetic product to be labelled with a marketing authorisation or notification number.

19. Neither Party shall require that a cosmetic product receive marketing authorisation from a regulatory authority in the country of manufacture as a condition for the product receiving marketing authorisation from the Party. For greater certainty, this provision does not prohibit a Party from accepting a prior marketing authorisation issued by another regulatory authority as evidence that a product may meet its own requirements.

20. Neither Party shall require that a cosmetic product be accompanied by a certificate of free sale as a condition of marketing, distribution, or sale in the Party’s territory.

21. If a Party requires a manufacturer or supplier of a cosmetic product to indicate information on the product’s label, the Party shall permit the manufacturer or supplier to indicate the required information by relabelling the product or by using supplementary labelling of the product in accordance with the Party’s domestic requirements after importation but prior to offering the product for sale or supply in the Party’s territory.

22. Neither Party shall require that a cosmetic product be tested on animals to determine the safety of that cosmetic product, unless there is no validated alternative method available to assess safety. A Party may, however, consider the results of animal testing to determine the safety of a cosmetic product.

23. If a Party prepares or adopts good manufacturing practice guidelines for cosmetic products, it shall use relevant international standards for cosmetic products, or the relevant parts of them, as a basis for its guidelines unless those international standards or relevant parts would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued.

24. Each Party shall endeavour to share, subject to its laws and regulations, information from post-market surveillance of cosmetic products.

25. Each Party shall endeavour to share information on its findings or the findings of its relevant institutions regarding cosmetic ingredients.

26. Each Party shall endeavour to avoid re-testing or re-evaluating cosmetic products that differ only with respect to shade extensions or fragrance variants, unless conducted for human health or safety purposes.

27. In accordance with Article 7.10 (Cooperation and Trade Facilitation), each Party may share information on products which fall within its definition of a cosmetic product but which do not fall within that of the other Party.

Footnotes

[1] The application of this Annex to marketing authorisations is without prejudice to whether a marketing authorisation meets the definition of a technical regulation, standard, or conformity assessment procedure.

Article 8.1: Definitions

For the purposes of this Chapter:

“airport operation services” means the operation or management, on a fee or contract basis, of airport infrastructure, including terminals, runways, taxiways and aprons, parking facilities, and intra-airport transportation systems. Airport operation services do not include air navigation services;

“computer reservation system services” means services provided by computerised systems that contain information about air carriers’ schedules, availability, fares and fare rules, through which reservations can be made or tickets may be issued;

“cross-border trade in services” or “cross-border supply of services” means the supply of a service:

(a) from the territory of a Party into the territory of the other Party;

(b) in the territory of a Party to a person of the other Party; or

(c) by a national of a Party in the territory of the other Party;

but does not include the supply of a service in the territory of a Party by a covered investment;

“enterprise” means an enterprise as defined in Article 1.4 (General Definitions – Initial Provisions and General Definitions), and a branch of an enterprise;

“enterprise of a Party” means:

(a) an enterprise as defined in Article 1.4 (General Definitions – Initial Provisions and General Definitions), constituted or organised under the law of that Party, or a branch located in the territory of that Party, and carrying out substantial business activities in the territory of that Party; or

(b) an enterprise of a non-Party owned or controlled by a person of a Party,[1] if any of its vessels are registered in accordance with the law of that Party and flying the flag of that Party, when supplying services within the scope of Annex 8B (International Maritime Transport Services) using those vessels;

“ground handling services” means the supply of a service on a fee or contract basis for: airline representation, administration and supervision, ground administration and supervision, including load control and communications; passenger handling; baggage handling; ramp services; air cargo and mail handling; aviation fuel and oil handling; flight operations, crew administration and flight planning; aircraft servicing and cleaning; surface transport; and catering services. Ground handling services do not include: self-handling; security services; fixed intra-airport transport systems; line maintenance; aircraft repair and maintenance; or the operation or management of centralised airport infrastructure such as de-icing facilities, fuel distribution systems, or baggage handling systems;

“measures of a Party” means measures adopted or maintained by

(a) central, regional, or local governments or authorities; or

(b) non-governmental bodies in the exercise of powers delegated by central, regional, or local governments or authorities;

“selling and marketing of air transport services” means opportunities for the air carrier concerned to sell and market freely its air transport services including all aspects of marketing such as market research, advertising and distribution. These activities do not include the pricing of air transport services or the applicable conditions;

“service supplied in the exercise of governmental authority” means, for each Party, any service that is supplied neither on a commercial basis nor in competition with one or more service suppliers;

“service supplier of a Party” means a person of a Party that seeks to supply or supplies a service; and

“specialty air services” means a specialised commercial operation using an aircraft whose primary purpose is not the transportation of goods or passengers, such as aerial fire-fighting, aerial advertising, flight training, sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider towing, and helicopter-lift for logging and construction, and other airborne agricultural, industrial and inspection services.

Article 8.2: Scope

1. This Chapter applies to measures of a Party affecting cross-border trade in services by service suppliers of the other Party. Those measures include measures affecting:

(a) the production, distribution, marketing, sale or delivery of a service;

(b) the purchase or use of, or payment for, a service;

(c) the access to and use of distribution, transport or telecommunications networks and services in connection with the supply of a service;

(d) the presence in the Party’s territory of a service supplier of the other Party; and

(e) the provision of a bond or other form of financial security as a condition for the supply of a service.

2. In addition to paragraph 1:

(a) Article 8.9 (Recognition) and 8.11 (Transparency) also apply to measures of a Party affecting the supply of a service in its territory by a covered investment.

(b) Article 8.8 (Domestic Regulation) also applies to measures of a Party that impose licensing requirements and procedures, qualification requirements and procedures, and technical standards,[2] affecting the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of a covered investment in the form of an enterprise, as these terms are defined in Article 13.1 (Definitions – Investment).

(c) Annex 8A (Express Delivery Services) also applies to measures of a Party affecting the supply of express delivery services, including by a covered investment.

(d) Annex 8B (International Maritime Transport Services) also applies to measures of a Party affecting the supply of international maritime transport services;

3. This Chapter does not apply to:

(a) financial services as defined in Article 9.1 (Definitions – Financial Services);

(b) government procurement;

(c) services supplied in the exercise of governmental authority;[3]

(d) subsidies or grants provided by a Party, including government-supported loans, guarantees and insurance; or

(e) audio-visual services.

4. This Chapter does not impose any obligation on a Party with respect to a national of the other Party who seeks access to its employment market or who is employed on a permanent basis in its territory, and does not confer any right on that national with respect to that access or employment. For greater certainty, this Chapter does not apply to measures regarding citizenship, nationality or residence on a permanent basis.

5. This Chapter shall not apply to air services, including domestic and international air transportation services, whether scheduled or non-scheduled, or to related services in support of air services, other than the following:

(a) repair and maintenance services on an aircraft or a part thereof during which the aircraft or the part is withdrawn from service, and aircraft line maintenance;

(b) selling and marketing of air transport services;

(c) computer reservation system services;

(d) specialty air services;[4]

(e) airport operation services; and

(f) ground handling services.

6. In the event of any inconsistency between this Chapter and a bilateral, plurilateral or multilateral air services agreement to which both Parties are party, the air services agreement shall prevail in determining the rights and obligations of the Parties.

7. If the Parties have the same obligations under this Agreement and a bilateral, plurilateral, or multilateral air services agreement, they may invoke the dispute settlement procedures of this Agreement only after any dispute settlement procedures in the other agreement have been exhausted.

8. If a bilateral, plurilateral, or multilateral air services agreement is amended, the Parties may jointly review any new definitions.

Article 8.3: National Treatment[5]

1. Each Party shall accord to services and service suppliers of the other Party treatment no less favourable than that it accords, in like circumstances, to its own services and service suppliers.

2. For greater certainty, the treatment to be accorded by a Party under paragraph 1 means, with respect to a regional level of government, treatment no less favourable than the most favourable treatment accorded, in like circumstances, by that regional level of government to service suppliers of the Party of which it forms a part.

Article 8.4: Most-Favoured-Nation Treatment

Each Party shall accord to services and service suppliers of the other Party treatment no less favourable than that it accords, in like circumstances, to services and service suppliers of a non-Party.[6]

Article 8.5: Market Access

Neither Party shall adopt or maintain, either on the basis of its entire territory or on the basis of the territory of a central, regional or local level of government, a measure that:

(a) imposes a limitation on:

(i) the number of service suppliers, whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test;

(ii) the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

(iii) the total number of service operations or the total quantity of service output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test;[7] or

(iv) the total number of natural persons that may be employed in a particular service sector or that a service supplier may employ and who are necessary for, and directly related to, the supply of a specific service in the form of numerical quotas or the requirement of an economic needs test; or

(b) restricts or requires specific types of legal entity or joint venture through which a service supplier may supply a service.

Article 8.6: Local Presence

Neither Party shall require a service supplier of the other Party to establish or maintain a representative office or any form of enterprise, or to be resident, in its territory as a condition for the cross-border supply of a service.

Article 8.7: Non-Conforming Measures

1. Article 8.3 (National Treatment), Article 8.4 (Most-Favoured-Nation Treatment), Article 8.5 (Market Access) and Article 8.6 (Local Presence) do not apply to:

(a) any existing non-conforming measure that is maintained by a Party at:

(i) the central level of government, as set out by that Party in its Schedule to Annex I;

(ii) a regional level of government, as set out by that Party in its Schedule to Annex I; or

(iii) a local level of government;

(b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or

(c) an amendment to any non-conforming measure referred to in subparagraph (a), to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Article 8.3 (National Treatment), Article 8.4 (Most-Favoured-Nation Treatment), Article 8.5 (Market Access) or Article 8.6 (Local Presence).

2. Article 8.3 (National Treatment), Article 8.4 (Most-Favoured-Nation Treatment), Article 8.5 (Market Access) and Article 8.6 (Local Presence) do not apply to any measure of a Party with respect to sectors, sub-sectors or activities, as set out by that Party in its Schedule to Annex II.

3. If a Party considers that a non-conforming measure applied by a regional level of government of the other Party, as referred to in subparagraph 1(a)(ii), creates a material impediment to the cross-border supply of services in relation to the former Party, it may request consultations with regard to that measure. The Parties shall enter into consultations with a view to exchanging information on the operation of the measure and to considering whether further steps are necessary and appropriate.[8]

Article 8.8: Domestic Regulation

1. For the purposes of this Article:

“authorisation” means permission for the cross-border supply of a service or for the establishment, acquisition, expansion, management, conduct, operation and sale or other disposition of a covered investment in the form of an enterprise resulting from a procedure a person of a Party must adhere to in order to demonstrate compliance with licensing requirements, qualification requirements or technical standards;

“competent authority” means a central, regional or local government or authority or non-governmental body in the exercise of powers delegated by a central, regional or local government or authority, which is entitled to take a decision concerning authorisation.

2.

(a) Subject to subparagraph (b), this Article applies to measures of a Party relating to licensing requirements and procedures, qualification requirements and procedures, and technical standards.

(b) This Article does not apply to a measure to the extent that the measure is not subject to an obligation in this Chapter or Chapter 13 (Investment) by reason of Article 8.7 (Non-Conforming Measures) or Article 13.13 (Non-Conforming Measures – Investment).

3. Each Party shall ensure that measures relating to authorisation are based on criteria which preclude a competent authority from exercising its power of assessment in an arbitrary manner. If a Party adopts or maintains a measure relating to authorisation, it shall ensure that:

(a) those measures are based on criteria[9] that are:

(i) clear and transparent;

(ii) objective; and

(iii) established in advance and made publicly accessible.

(b) the procedures are impartial, easily accessible to all applicants and that the procedures are adequate for applicants to demonstrate whether they meet the requirements, where those requirements exist;

(c) the procedures do not in themselves unjustifiably prevent the fulfilment of requirements; and

(d) those measures do not discriminate between men and women.[10]

4.

(a) If a Party requires authorisation, the Party shall promptly publish[11] the information necessary for service suppliers of a Party or persons carrying out or seeking to carry out the activity for which authorisation is required to comply with the requirements and procedures for obtaining, maintaining, amending and renewing that authorisation. Each Party shall ensure that this information is easily accessible through electronic means. Where it exists, that information shall include but is not limited to:

the requirements and procedures;
contact information of relevant competent authorities;
fees;
technical standards;
procedures for appeal or review of decisions concerning applications;
procedures for monitoring or enforcing compliance with the terms and conditions of licences or qualifications;
opportunities for public involvement, such as through hearings or comments;
indicative or, to the extent possible, fixed timeframes for processing of an application; and
the length of authorisation, and where relevant, the date of its renewal.

(b) Each Party shall require its competent authorities to respond to any reasonable request for information or assistance, to the extent practicable.

5. If a Party requires authorisation, it shall, to the extent practicable ensure that its competent authorities avoid requiring an applicant to approach more than one competent authority for each application for authorisation, recognising that if an activity for which authorisation is requested is within the jurisdiction of multiple competent authorities, multiple applications for authorisation may be required.

6. If a Party requires authorisation, it shall ensure that its competent authorities:

(a) to the extent practicable, permit the submission of an application at any time throughout the year.[12] If a specific time period for applying exists, the Party shall ensure that its competent authorities allow a reasonable period of time for the submission of an application;

(b) to the extent possible, accept applications in electronic format. For greater certainty, this includes applications made from within the territory of the other Party;

(c) accept copies of documents, that are authenticated in accordance with the Party’s law, in place of original documents, unless the competent authorities require original documents to protect the integrity of the authorisation process;

(d) to the extent practicable, publish in advance a fixed or indicative timeframe for processing of an application;

(e) at the request of the applicant, provide without undue delay information concerning the status of the application;

(f) to the extent practicable, ascertain without undue delay the completeness of an application for processing under the Party’s laws and regulations;

(g) if they consider an application complete for processing under the Party’s laws and regulations,[13] within a reasonable period of time after the submission of the applications, ensure that:

(i) the processing of the application is completed;

(ii) the applicant is informed of the decision concerning the application[14] to the extent possible in writing;[15] and

(iii) an authorisation is granted as soon as the competent authority determines that the conditions for authorisation have been met;

(h) if they consider an application incomplete for processing under the Party’s laws and regulations, within a reasonable period of time, to the extent practicable:

(i) inform the applicant that the application is incomplete;

(ii) at the request of an applicant, identify the additional information required to complete the application and provide guidance to the applicant about the type of information required to complete the application; and

(iii) provide the applicant with the opportunity[16] to correct deficiencies;

however, if none of the above is practicable, and the application is rejected due to incompleteness, ensure that they inform the applicant within a reasonable period of time; and

(i) if an application is rejected, to the extent possible, either upon their own initiative or upon request of the applicant, inform the applicant of the reasons for rejection and, if applicable, the procedures for resubmission of an application. An applicant should not be prevented from submitting another application[17] solely on the basis of a previously rejected application.

7. Each Party shall ensure that authorisation, once granted, enters into effect without undue delay, subject to applicable terms and conditions.[18]

8. Each Party shall ensure that the authorisation fees[19] charged by its competent authorities are made public, reasonable, transparent, and do not in themselves restrict the supply of the relevant service or the carrying out of the relevant activity. Each Party is encouraged to accept payment of authorisation fees by electronic means.

9. If a Party requires examinations for authorisation, it shall:

(a) ensure that its competent authorities schedule the examination at reasonably frequent intervals and provide a reasonable period of time to enable applicants to request to take the examination; and

(b) to the extent practicable, accept requests in electronic format to take those examinations and consider the use of electronic means in other aspects of the examination processes.

10. If a Party adopts or maintains a measure relating to authorisation, it shall ensure that its competent authority processes an application, reaches and administers its decisions objectively, impartially and in a manner independent from any supplier of the service or person carrying out the activity for which authorisation is required.[20]

11. Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.

12. To the extent practicable and in a manner consistent with its legal system for adopting measures, each Party[21] shall publish in advance:

(a) laws or regulations of general application it proposes to adopt in relation to matters falling within the scope of paragraph 2; or

(b) documents that provide sufficient details about that possible new law or regulation to allow interested persons or the other Party to assess whether and how their interests might be significantly affected.

13. To the extent practicable and in a manner consistent with its legal system for adopting measures, each Party is encouraged to apply paragraph 12 to procedures and administrative rulings of general application it proposes to adopt in relation to matters falling within the scope of paragraph 2.

14. To the extent practicable and in a manner consistent with its legal system for adopting measures, each Party shall provide interested persons and the other Party with a reasonable opportunity to comment on those proposed measures or documents published under paragraphs 12 and 13.

15. To the extent practicable and in a manner consistent with its legal system for adopting measures, each Party shall consider comments received under paragraph 14.[22]

16. In publishing a law or regulation referred to in subparagraph 12(a), or in advance of that publication, to the extent practicable and in a manner consistent with its legal system for adopting measures, a Party is encouraged to explain the purpose and rationale of that law or regulation.

17. Each Party shall, to the extent practicable, endeavour to allow reasonable time between the publication of the text of a law or regulation referred to in subparagraph 12(a) and the date on which service suppliers of a Party or persons carrying out or seeking to carry out an activity must comply with that law or regulation.

18. Each Party shall encourage its competent authorities, when adopting technical standards, to adopt technical standards developed through open and transparent processes, and shall encourage any body, including relevant international organisations,[23] designated to develop technical standards to use open and transparent processes.

19. If the number of licences available for a given activity is limited because of the scarcity of available natural resources or technical capacity, a Party shall apply a selection procedure to potential candidates which is impartial and transparent and provides for adequate publicity about the launch, conduct and completion of the procedure. The selection procedure may take into account legitimate policy objectives, including considerations of health, safety, the protection of the environment and the preservation of cultural heritage.

20. Each Party shall maintain or establish appropriate mechanisms for responding to enquiries from service suppliers of a Party and persons carrying out or seeking to carry out an activity.

Article 8.9: Regulation

1. For the purposes of the fulfilment, in whole or in part, of a Party’s standards or criteria for the authorisation, licensing or certification of service suppliers, and subject to the requirements of paragraph 4, the Party may recognise the education or experience obtained, requirements met, or licences or certifications granted, in the territory of a non-Party. That recognition, which may be achieved through harmonisation or otherwise, may be based on an agreement or arrangement with the non-Party concerned, or may be accorded autonomously.

2. If a Party recognises, autonomously or by agreement or arrangement, the education or experience obtained, requirements met, or licences or certifications granted, in the territory of a non-Party, nothing in Article 8.4 (Most-Favoured-Nation Treatment) or Article 13.6 (Most-Favoured-Nation Treatment – Investment) shall be construed to require the Party to accord recognition to the education or experience obtained, requirements met, or licences or certifications granted, in the territory of the other Party.

3. If a Party is a party to an agreement or arrangement of the type referred to in paragraph 1, whether existing or future, the Party shall afford adequate opportunity to the other Party, on request, to negotiate its accession to that agreement or arrangement, or to negotiate a comparable agreement or arrangement. If a Party accords recognition autonomously, the Party shall afford adequate opportunity to the other Party to demonstrate that education, experience, licences or certifications obtained or requirements met in that Party’s territory should be recognised.

4. Neither Party shall accord recognition in a manner that would constitute a means of discrimination between a Party and a non-Party in the application of its standards or criteria for the authorisation, licensing or certification of service suppliers, or a disguised restriction on trade in services.

Article 8.10: Denial of Benefits

A Party may deny the benefits of this Chapter to a service supplier of the other Party that is an enterprise of that Party and to services of that services supplier if persons of a non-Party own or control the enterprise, and the denying Party adopts or maintains measures with respect to the non-Party or a person of the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits of this Chapter were accorded to the enterprise or to services of that enterprise.

Article 8.11: Transparency

1. Each Party shall maintain or establish appropriate mechanisms for responding to inquiries from interested persons regarding its regulations that relate to the subject matter of this Chapter.[24]

2. If a Party does not provide advance notice and opportunity for comment pursuant to paragraph 2 of Article 28.2 (Publication – Transparency and Anti-Corruption) with respect to regulations that relate to the subject matter in this Chapter, it shall, to the extent practicable, provide in writing or otherwise notify interested persons of the reasons for not doing so.

3. To the extent possible, each Party shall allow reasonable time between publication of final regulations and the date when they enter into effect.

Article 8.12: Payments and Transfers

1. Each Party shall permit all transfers and payments that relate to the cross-border supply of services to be made freely and without delay into and out of its territory.

2. Each Party shall permit transfers and payments that relate to the cross-border supply of services to be made in a freely usable currency at the market rate of exchange that prevails at the time of transfer.

3. Notwithstanding paragraphs 1 and 2, a Party may prevent or delay a transfer or payment through the equitable, non-discriminatory and good faith application of its law[25] that relates to:

(a) bankruptcy, insolvency or the protection of the rights of creditors;

(b) issuing, trading or dealing in securities or derivatives;

(c) financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities;

(d) criminal or penal offences; or

(e) ensuring compliance with orders or judgments in judicial or administrative proceedings.

Article 8.13: Committee on Services and Investment

1. The Parties hereby establish a Committee on Services and Investment, composed of government representatives of each Party.[26]

2. The Committee shall:

(a) review and monitor the implementation and operation of this Chapter (which includes Annex 8A (Express Delivery Services) and Annex 8B (International Maritime Transport Services)), Chapter 9 (Financial Services) (which includes Annex 9A (Cross-Border Trade in Financial Services), Annex 9B (Authorities Responsible for Financial Services) and Annex 9C (Financial Services Regulatory Cooperation)), Chapter 10 (Professional Services and the Recognition of Professional Qualifications), Chapter 11 (Temporary Entry for Business Persons), Chapter 12 (Telecommunications), Chapter 13 (Investment), and Chapter 14 (Digital Trade) (“the relevant Chapters”);

(b) consider ways to further enhance trade and investment between the Parties, including through amendments to each Party’s Schedules to Annex I (Schedules of Non-conforming Measures for Services and Investment), Annex II (Schedules of Non-conforming Measures for Services and Investment), Annex III (Schedules of Non-Conforming Measures for Financial Services) and Annex IV (Schedules of Specific Commitments on Temporary Entry for Business Persons); and

(c) facilitate the exchange of information between the Parties in relation to the relevant Chapters.

3. The Committee may:

(a) make recommendations, or refer matters, to the Joint Committee;

(b) establish ad hoc working groups, as appropriate;

(c) refer matters to any ad hoc or standing working group or any other subsidiary body related to the relevant Chapters; and

(d) consider any other matter related to the relevant Chapters, or as directed by the Joint Committee.

4. The Committee shall meet one year after entry into force, and thereafter as agreed by both Parties.

5. The Committee shall report to the Joint Committee.

Footnotes

[1] For greater certainty, “person of a Party” in this subparagraph means: a national, or an “enterprise of a Party” as defined in subparagraph (a) of this definition.

[2] As far as measures relating to technical standards are concerned, Article 8.8 (Domestic Regulation) only applies to those measures affecting cross-border trade in services or the supply of services in its territory by a covered investment in the form of an enterprise.

[3] Article 8.8 (Domestic Regulation) does not apply to activities carried out in the exercise of governmental authority. “activities carried out in the exercise of governmental authority” means activities carried out neither on a commercial basis nor in competition with one or more economic operators.

[4] Subject to compliance with each Party’s laws and regulations governing the admission of aircraft to, departure from and operation within, their territory.

[5] For greater certainty, whether treatment is accorded in “like circumstances” under Article 8.3 (National Treatment) or Article 8.4 (Most-Favoured-Nation Treatment) depends on the totality of the circumstances, including whether the relevant treatment distinguishes between services or service suppliers on the basis of legitimate public welfare objectives.

[6] For greater certainty, this paragraph does not cover treatment accorded by the United Kingdom to services and service suppliers of territories for whose international relations the United Kingdom is responsible.

[7] Subparagraph (a)(iii) does not cover measures of a Party which limit inputs for the supply of services.

[8] For greater certainty, a Party may request consultations with the other Party regarding non-conforming measures applied by the central level of government, as referred to in subparagraph 1(a)(i).

[9] Those criteria may include, but are not limited to, competence and the ability to supply a service or carry out an activity including to do so in a manner consistent with the Party’s regulatory requirements, such as health and environmental requirements. Competent authorities may assess the weight to be given to each criterion.

[10] Differential treatment that is reasonable and objective, and aims to achieve a legitimate purpose, and adoption by a Party of temporary special measures aimed at accelerating de facto equality between men and women, shall not be considered discrimination for the purposes of this subparagraph.

[11] For purposes of these disciplines, "publish" means to include in an official publication, such as an official journal, or on an official website. Each Party is encouraged to consolidate electronic publications into a single portal.

[12] For greater certainty, competent authorities are not required to start considering applications outside of their official working hours and working days.

[13] Competent authorities may require that all information is submitted in a specified format to consider it "complete for processing".

[14] Competent authorities may meet this requirement by informing an applicant in advance, in writing, including through a published measure, that lack of response after a specified period of time from the date of submission of an application indicates acceptance of the application.

[15] "In writing" may include in electronic form.

[16] The opportunity does not require a competent authority to provide extensions of deadlines.

[17] Competent authorities may require that the content of the application has been revised.

[18] Competent authorities are not responsible for delays due to reasons outside their competence.

[19] Authorisation fees do not include fees for the use of natural resources, payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service obligation.

[20] For greater certainty, this paragraph does not mandate a particular administrative structure; it refers to the decision-making process and administering of decisions.

[21] Paragraphs 12 to 15 recognise that each Party has different systems to consult interested persons on certain measures before they are adopted, and that the alternatives set out in paragraph 12 reflect different legal systems.

[22] This paragraph is without prejudice to the final decision of a Party that adopts or maintains any measure for authorisation.

[23] The term “relevant international organisations" refers to international bodies whose membership is open to the relevant bodies of each Party.

[24] The implementation of the obligation to maintain or establish appropriate mechanisms may need to take into account the resource and budget constraints of small administrative agencies.

[25] For greater certainty, this Article does not preclude the equitable, non-discriminatory and good faith application of a Party’s law relating to its social security, public retirement or compulsory savings programmes.

[26] Representatives of the authorities responsible for financial services as specified in Annex 9B (Authorities Responsible for Financial Services) will discuss matters relating to financial services.

Annex 8A:
Express Delivery Services

Article 1: Definitions

For the purposes of this Annex:

“express delivery services” means the collection, sorting, transport and delivery of documents, printed matter, parcels, goods or other items, on an expedited basis, while tracking and maintaining control of these items throughout the supply of the service. Express delivery services do not include air transport services, services supplied in the exercise of governmental authority, or maritime transport services;[1]

“postal monopoly” means a measure maintained by a Party making a postal operator within the Party’s territory the exclusive supplier of specified collection, transport and delivery services; and

“universal service” means the permanent supply of a delivery service of specified quality at all points in the territory of a Party, for all customers, at affordable prices.

Article 2: Scope

1. A Party that maintains a postal monopoly shall define the scope of the monopoly on the basis of objective criteria, including quantitative criteria such as price or weight thresholds.

2. Each Party has the right to define the kind of universal service obligation it wishes to adopt or maintain. A Party that maintains a universal service obligation shall administer it in a transparent, non-discriminatory, and impartial manner with regard to all service suppliers subject to the obligation.

Article 3: Obligations

1. Neither Party shall allow a supplier of services covered by a postal monopoly to cross-subsidise its own or any other competitive supplier’s express delivery services with revenues derived from monopoly postal services.

2. Each Party shall ensure that any supplier of services covered by a postal monopoly does not abuse its monopoly position to act in the Party’s territory in a manner inconsistent with the Party’s commitments under Article 8.3 (National Treatment), Article 8.5 (Market Access), Article 13.4 (Investment – Market Access), or Article 13.5 (Investment – National Treatment) with respect to the supply of express delivery services.[2]

3. Neither Party shall:

(a) require an express delivery service supplier of the other Party, as a condition of authorisation or licensing, to supply a universal service; or

(b) assess fees or other charges exclusively on express delivery service suppliers for the purpose of funding the supply of another delivery service.[3]

4. Each Party shall ensure that any authority responsible for regulating express delivery services is not accountable to any supplier of express delivery services, and that the decisions and procedures that the authority adopts are impartial, non-discriminatory and transparent with respect to all express delivery service suppliers in its territory.

Footnotes

[1] For greater certainty, express delivery services does not include:

(a) for Australia, services reserved for exclusive supply by Australia Post as set out in the Australian Postal Corporation Act 1989 and regulations, or services subject to a universal service obligation;

(b) for the United Kingdom, services subject to a universal service obligation.

[2] For greater certainty, a Party shall be deemed to satisfy this paragraph if any supplier of services in its territory covered by a postal monopoly is subject to national competition law.

[3] This paragraph shall not be construed to prevent a Party from imposing non-discriminatory fees on delivery service suppliers on the basis of objective and reasonable criteria, or from assessing fees or other charges on the express delivery services of its own supplier of services covered by a postal monopoly.

Annex 8B:
International Maritime Transport Services

Article 1: Definitions

For the purposes of this Annex:

“container station and depot services” means activities consisting of storing, stuffing, stripping, or repairing of containers and making containers available for shipment, whether in port areas or inland;

“customs clearance services” means the carrying out, on a fee or contract basis, of customs formalities concerning import, export, or through transport of cargo, irrespective of whether these services are the main or secondary activity of the service supplier;

“door-to-door or multimodal transport operations” means the transport of cargo using more than one mode of transport, involving an international sea-leg, under a single transport document;[1]

“feeder services” means the pre- and onward transportation by sea of international cargo, including containerised, break bulk, and dry or liquid bulk cargo, between ports located in the territory of a Party, provided that the international cargo should be “en route”, that is, directed to a destination, or coming from a port of shipment, outside the territory of that Party;[2]

“international cargo” means cargo transported between a port of a Party and a port of the other Party or of a non-Party;

“international maritime transport services” means the transport of passengers or cargo by sea-going vessels between a port of a Party and a port of the other Party or of a non-Party, and includes the direct contracting with suppliers of other transport services, with a view to covering door-to-door or multimodal transport operations under a single transport document, but not the supply of those other transport services;

“international maritime transport services supplier” means a services supplier that seeks to supply or supplies international maritime transport services;

“maritime agency services” means the representation, within a given geographic area, as an agent of the business interests of one or more shipping lines or shipping companies, for the following purposes:

(a) marketing and sales of maritime transport and related services, from quotation to invoicing, issuance of bills of lading on behalf of the shipping lines or shipping companies, acquisition and resale of the necessary related services, preparation of documentation and provision of business information; and

(b) acting on behalf of the shipping lines or shipping companies organising the call of the vessel or taking over cargo when required;

“maritime auxiliary services” means maritime cargo handling services, customs clearance services, container station and depot services, maritime agency services, maritime freight forwarding services, and maritime storage and warehousing services;

“maritime cargo handling services” means the performance, organisation and supervision of:

(a) the loading or discharging of cargo to or from a vessel;

(b) the lashing or unlashing of cargo; and

(c) the reception or delivery and safekeeping of cargo before shipment or after discharge,

by stevedoring or terminal operator companies, but does not include work performed by dock workers, when this workforce is organised independently of stevedoring or terminal operator companies;

“maritime freight forwarding services” means the organising and monitoring of shipments on behalf of shippers, through the supply of services including the arrangement of transport and related services, consolidation and packing of cargo, preparation of documentation, and provision of business information; and

“maritime storage and warehousing services” means storage services of frozen or refrigerated goods, bulk storage services of liquids or gases, and other storage or warehousing services related to the supply of international maritime transport services.

Article 2: Scope

This Annex applies to measures of a Party affecting the supply of international maritime transport services.

Article 3: Obligations

1. This Annex shall not apply to a measure to the extent that the measure is not subject to an obligation in Chapter 8 (Cross-Border Trade in Services) or Chapter 13 (Investment) by reason of Article 8.7 (Non-Conforming Measures – Cross-Border Trade in Services) and Article 13.13 (Non-Conforming Measures – Investment).

2. Each Party shall:

(a) accord to vessels supplying an international maritime transport service and flying the flag of the other Party, and international maritime transport services suppliers of the other Party, treatment no less favourable than that it accords, in like circumstances, to its own vessels or international maritime transport services suppliers, or to vessels or international maritime transport services suppliers of a non-Party, with regard to:

(i) access to ports;

(ii) the use of port infrastructure and services of ports, such as pilotage, towing and tug assistance, provisioning, fuelling and watering, garbage collecting and ballast waste disposal, port captain’s services, navigation aids, emergency repair facilities, anchorage, berth, berthing and unberthing services and shore-based operational services essential to ship operations, including communications, water and electrical supplies;

(iii) the use of maritime auxiliary services;

(iv) access to customs facilities; and

(v) the assignment of berths and facilities for loading and unloading,

including related fees and charges;

(b) permit vessels supplying an international maritime transport service and flying the flag of the other Party, and international maritime transport services suppliers of the other Party, subject to the authorisation by the competent authority where applicable to re-position owned or leased empty containers, that are not being carried as cargo against payment, between ports of that Party; and

(c) permit:

(i) vessels flying the flag of the other Party; and

(ii) international maritime transport services suppliers of the other Party,

to provide feeder services between ports of that Party subject to the authorisation by the competent authority where applicable.

3. Neither Party shall:

(a) adopt or maintain a cargo-sharing arrangement with a non-Party concerning maritime transport services, including dry and liquid bulk and liner trade; or

(b) adopt or maintain a measure that requires all or part of any international cargo to be transported exclusively by vessels registered in that Party or owned or controlled by nationals of that Party.

Footnotes

[1] For greater certainty, a single transport document is a document (that may be supported by other documents) which evidences that a contract has been concluded to transport cargo from a point in one Party to a point of delivery in another Party or non-Party. These documents may be in electronic form, where applicable.

[2] For greater certainty, the transport of passengers or cargo between a port and vessel for the purposes of loading or discharge of the vessel is not considered a feeder service.

...

Article 10.1: Definitions

1. For the purposes of this Chapter:

“legal arbitration, conciliation, and mediation services” means the preparation of documents to be submitted to, the preparation for and appearance before, an arbitrator, conciliator, or mediator in any dispute involving the application and interpretation of law.[1] It does not include arbitration, conciliation, and mediation services in disputes not involving the application and interpretation of law which fall under services incidental to management consulting. It also does not include acting as an arbitrator, conciliator, or mediator; and

“professional qualifications” means qualifications attested by evidence of formal qualifications or professional experience and can include post-academic training[2] or experience required for the right to practise.

2. Definitions, included in Article 8.1 (Definitions - Cross-Border Trade in Services), are incorporated into and made a part of this Chapter to the extent that the relevant terms are used in this Chapter.

Article 10.2: Scope

1. This Chapter applies to measures of a Party affecting the supply of professional services, including by a covered investment.[3]

2. Professional services include accountancy and auditing services, architectural services, engineering services, legal services, and other types of professional services.

3. This Chapter does not apply to the services or measures of a Party listed in paragraphs 3 through 5 of Article 8.2 (Scope - Cross-Border Trade in Services).

Article 10.3: Objectives

The objectives of this Chapter are:

(a) to encourage the development of systems for the recognition of professional qualifications and to better facilitate the international trade in professional services between the Parties;

(b) to facilitate the sharing of knowledge and expertise on professional services, accreditation, standards, and regulation between relevant bodies of the Parties in the development of best practice; and

(c) to encourage each Party to be at the forefront of the liberalisation of international trade in professional services.

Article 10.4: General Principles for Professional Services

1. The Parties recognise that professional services play an essential role in facilitating trade and investment across both goods and services sectors and in promoting economic growth and business confidence.

2. Each Party shall consider, or encourage its relevant bodies to consider, subject to its laws and regulations, whether or in what manner to:

(a) apply ethical, conduct and disciplinary standards to professionals of the other Party in a manner that is no more burdensome than the application of those standards on professionals of the Party in that professional services sub-sector;

(b) accommodate the provision of professional services, in the following ways:

(i) on a temporary fly-in, fly-out basis;

(ii) on a cross-border basis through the use of telecommunications technology;

(iii) by establishing a commercial presence; and

(iv) through a combination of fly-in, fly-out and one or both of the other modes listed in subparagraphs (ii) and (iii);

(c) permit service suppliers of each Party to work together;

(d) permit enterprises of the other Party to use a firm name of their choice in line with the conventions of the Party; and

(e) establish dialogues with the relevant bodies of the other Party, with a view to the development of mutual recognition arrangements.

3. A Party may consider, if feasible, taking steps to encourage its relevant bodies to consider implementing procedures for the temporary, or project-specific licensing of professional service suppliers of the other Party. That regime should not operate to prevent a professional service supplier gaining a local licence once that supplier satisfies the applicable local licensing requirements.

Article 10.5: Recognition of Professional Qualifications

1. If access to or pursuit of a regulated profession[4] in the jurisdiction of the other Party is contingent on possession of specific professional qualifications, that Party shall encourage, as appropriate, its relevant bodies to establish and operate systems for recognition of professional qualifications obtained in the other Party’s jurisdiction.

2. Nothing in paragraph 1 shall prevent a Party, or a relevant body of a Party, from:

(a) negotiating mutual recognition arrangements; or

(b) requiring that natural persons meet additional conditions that apply to the practice of a particular profession in that Party.

3. Each Party shall encourage its relevant bodies to take into account, as appropriate, plurilateral or multilateral agreements that relate to professional services in the development of systems for the recognition of professional qualifications.

Article 10.6: Professional Services Working Group

1. The Parties hereby establish a Professional Services Working Group (Working Group) composed of representatives of each Party[5] to facilitate:

(a) the achievement of the objectives of this Chapter; and

(b) the effective implementation and administration of systems for recognition of professional qualifications, as provided in paragraph 1 of Article 10.5 (Recognition of Professional Qualifications).

2. The Working Group shall liaise, as appropriate, to support the relevant bodies of each Party in pursuing the objectives of this Chapter. This support may include providing points of contact, facilitating meetings, and providing information regarding regulation of professional services.

3. The Working Group shall support relevant bodies in the development of systems for recognition of professional qualifications, including having regard to how those relevant bodies establish, and the manner in which they administer, those systems. This support may include:

(a) providing information on:

systems used by other professions; and
the development of mutual recognition arrangements;

(b) identifying possible improvements in the systems; and

(c) sharing best practices.

4. The Working Group may consider developing model mutual recognition arrangements and procedures for the temporary or project-specific licensing of professional services suppliers with a view to facilitating the negotiation of those arrangements or the adoption of those procedures by relevant bodies.

5. The Working Group may request updates from the Dialogue established under Article 10.8 (Legal Services Regulatory Dialogue) on the progress of the conclusion of any arrangement which stems from discussions within the Dialogue.

6. The Working Group shall meet annually for three years from the date of entry into force of this Agreement, and thereafter as agreed by the Parties.

7. The Working Group shall report to the Committee on Services and Investment on its progress, including with respect to a recommendation for initiatives to promote recognition of professional qualifications, temporary licensing, and on the further direction of its work, no later than two years after the date of entry into force of this Agreement, or as agreed by the Parties.

Article 10.7: Legal Services

1. Nothing in this Article shall affect the right of a Party to regulate and supervise the supply of legal services, referred to in paragraph 2, in a non-discriminatory manner.

2. Paragraph 3 applies to measures of a Party affecting the supply of legal advisory services and legal arbitration, conciliation, and mediation services in relation to:

(a) the law of the other Party;

(b) other foreign law to the extent the lawyer of the other Party is qualified to practise that law (and not being the law of the host Party); or

(c) international law.

3. A Party (host Party) shall:

(a) allow a national of the other Party who is professionally qualified and authorised in the other Party to practise as a lawyer to supply services, referred to in paragraph 2, without having to requalify as, or be authorised to practise as, a domestic (host Party) lawyer; and

(b) not impose disproportionately complex or burdensome administrative or regulatory conditions on, or for, the supply of these services by persons referred to in subparagraph (a).

4. The obligations in paragraph 3 do not extend to:

(a) legal representation services in matters or proceedings before administrative agencies, the courts, or other duly constituted official tribunals of a Party;

(b) legal advisory and legal authorisation, documentation, and certification services supplied by legal professionals entrusted with public functions such as notaries, and services supplied by bailiffs; and

(c) services supplied by patent or trademark attorneys.

Article 10.8: Legal Services Regulatory Dialogue

1. The Parties recognise that legal services play an essential role in facilitating trade and investment and in promoting economic growth and business confidence.

2. The Parties shall establish a Legal Services Regulatory Dialogue (the Dialogue) composed of representatives from the legal professions of each Party.[6] The Dialogue may establish expert sub-groups to consider matters set out in paragraph 3.

3. The objectives of the Dialogue are to:

(a) consider any matters affecting the re-qualification of lawyers of one Party seeking admission to practise in the other Party. Issues in scope for consideration include:

(i) the progressive reduction and removal of academic pre-requisites and additional practical legal training, particularly for experienced lawyers;

(ii) post-qualification supervision;

(iii) the improvement in transparency and availability of existing conditional admission routes;

(iv) the feasibility of recognising legal qualifications obtained in one Party without the requirement for an aptitude examination or adaptation period to be undertaken in the other Party; and

(v) timeframes for requalification and admission to practise law;

(b) share expertise on matters affecting the types of business structures through which lawyers and enterprises of one Party may establish and supply legal services in the other Party, including limited liability partnerships, incorporated legal practices, or multi-disciplinary partnerships; and

(c) share information and knowledge on other regulatory matters, including on licensing and standards, recognition of professional qualifications, and on wider matters affecting the trade in legal services between the Parties.

4. The Parties shall encourage the Dialogue to meet annually, or more frequently as required, for the first three years from the date of entry into force of this Agreement, and thereafter as determined by the Dialogue.

5. The Parties shall encourage the Dialogue to provide the Professional Services Working Group with a report on the progress of objectives set out in paragraph 3 no later than 20 months after the date of entry into force of this Agreement and subsequently provide, if requested, any updates on facilitating the conclusion of any arrangement which stems from discussions within the Dialogue.

Footnotes

[1] As a sub-category, international legal arbitration conciliation or mediation services refers to the same services when the dispute involves parties from two or more countries.

[2] Training means training resulting in a record, issued by a body whose ordinary activities include the issuing of those records, of having attained a particular standard.

[3] For greater certainty, nothing in this Chapter affects the rights, obligations or reservations of each Party under other Chapters of this Agreement, including Chapter 8 (Cross-Border Trade in Services), Chapter 9 (Financial Services), Chapter 11 (Temporary Entry for Business Persons) and Chapter 13 (Investment).

[4] “Regulated profession” means a profession, the practice of which, including the use of a title or designation, is subject to the possession of specific professional qualifications by virtue of a measure of a Party.

[5] The relevant bodies in each Party’s jurisdiction may also be invited to participate in the Working Group.

[6] These may include representatives, for Australia, from the Law Council of Australia, the Legal Services Council and Admissions Committee established under the Legal Profession Uniform Law, and the Law Admissions Consultative Committee, and for the United Kingdom, from the Law Society of England and Wales, the Solicitors Regulation Authority, the General Council of the Bar of England and Wales, the Bar Standards Board, the Law Society of Scotland, the Faculty of Advocates, the Law Society of Northern Ireland, and the General Council of the Bar of Northern Ireland.

Article 11.1: Definitions

For the purposes of this Chapter:

“business person” means a national of a Party who is engaged in trade in goods, the supply of services, or the conduct of investment activities;

“immigration formality” means a visa, permit, pass or other document or electronic authority granting temporary entry;

“immigration measure” means any measure affecting the entry and stay of foreign nationals; and

“temporary entry” means entry into the territory of a Party by a business person of the other Party who does not intend to establish permanent residence.

Article 11.2: Scope

1. This Chapter applies to measures that affect the temporary entry of business persons of a Party into the territory of the other Party, under any of the following categories as defined in each Party’s Annex IV (Schedules of Specific Commitments on Temporary Entry for Business Persons):

(a) for Australia:

(i) business visitors;

(ii) installers and servicers;

(iii) intra-corporate transferees;

(iv) independent executives; and

(v) contractual service suppliers

(b) for the United Kingdom:

(i) business visitors for establishment purposes;

(ii) short-term business visitors;

(iii) intra-corporate transferees;

(iv) investors;

(v) contractual service suppliers; and

(vi) independent professionals.

2. This Chapter does not apply to measures affecting nationals seeking access to the employment market of the other Party, nor does it apply to measures regarding citizenship, nationality, residence, or employment on a permanent basis.

3. Nothing in this Agreement shall prevent a Party from applying measures to regulate the entry of nationals of the other Party into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across its borders, provided that those measures are not applied in a manner as to nullify or impair the benefits accruing to the other Party under this Chapter.

4. The sole fact that a Party requires business persons of the other Party to obtain an immigration formality shall not be regarded as nullifying or impairing the benefits accruing to the other Party under this Chapter.

Article 11.3: Application Procedures

1. As expeditiously as possible after receipt of a complete application for an immigration formality, each Party shall make a decision on the application and inform the applicant of the decision including, if approved, the period of stay and other conditions.

2. At the request of an applicant, a Party that has received a complete application for an immigration formality shall endeavour to promptly provide information concerning the status of the application.

3. Each Party shall ensure that fees charged by its competent authorities for the processing of an application for an immigration formality are reasonable, in that they do not unduly impair or delay trade in goods or services or conduct of investment activities under this Agreement.

Article 11.4: Grant of Temporary Entry

1. Each Party shall set out in Annex IV (Schedules of Specific Commitments on Temporary Entry for Business Persons) the commitments it makes with regard to temporary entry of business persons, which shall specify the conditions and limitations for entry and temporary stay, including length of stay, for each category of business persons specified by that Party in paragraph 1 of Article 11.2 (Scope).

2. A Party shall grant temporary entry or extension of temporary stay to business persons of the other Party to the extent provided for in those commitments made pursuant to paragraph 1, provided that those business persons:

(a) follow the granting Party’s prescribed application procedures for the relevant immigration formality; and

(b) meet all relevant eligibility requirements for temporary entry or extension of temporary stay.

3. The sole fact that a Party grants temporary entry to a business person of the other Party pursuant to this Chapter shall not be construed to exempt that business person from meeting any applicable licensing or other requirements, including any mandatory codes of conduct, to practise a profession or otherwise engage in business activities.

4. A Party may refuse to issue an immigration formality to a business person of the other Party if the temporary entry of that person might affect adversely:

(a) the settlement of any labour dispute that is in progress at the place or intended place of employment; or

(b) the employment of any natural person who is involved in such dispute.

5. When a Party refuses, pursuant to paragraph 4, to issue an immigration formality, it shall inform the applicant accordingly.

6. In respect of the commitments on temporary entry in this Chapter, neither Party shall:

(a) impose or maintain any limitations on the total number of visas to be granted to business persons of the other Party; or

(b) require economic needs tests, including labour market tests, or other procedures of similar effect, as a condition for temporary entry.

7. For greater certainty, each Party’s measures regarding employment[1] shall continue to apply, including those concerning minimum wages or collective wage agreements.

Article 11.5: Provision of Information

1. Further to Article 28.2 (Publication – Transparency and Anti-Corruption) and Article 28.5 (Provision of Information – Transparency and Anti-Corruption), each Party shall make publicly available information relating to current requirements for the temporary entry by business persons of the other Party, specified in paragraph 1 of Article 11.2 (Scope).

2. The information referred to in paragraph 1 shall include, where applicable, the following:

(a) categories of immigration formality;

(b) documentation required and conditions to be met;

(c) method of filing an application and options on where to file, such as consular offices or online;

(d) application fees and an indicative timeframe of the processing of an application;

(e) the maximum length of stay under each category of immigration formality;

(f) conditions for any available extension or renewal;

(g) rules regarding accompanying dependants; and

(h) available review or appeal procedures.

3. With respect to the information referred to in paragraphs 1 and 2, each Party shall endeavour to promptly make publicly available and inform the other Party, through existing mechanisms, of the introduction of any significant new requirements and procedures or of the changes in any requirements and procedures that affect the effective application for the grant of entry into, and where applicable, permission to work in its territory.

Article 11.6: Relation to Other Chapters

1. Except for this Chapter, Chapter 1 (Initial Provisions and General Definitions), Chapter 29 (Administrative and Institutional Provisions), Chapter 30 (Dispute Settlement), Chapter 32 (Final Provisions), Article 28.2 (Publication – Transparency and Anti-Corruption), and Article 28.5 (Provision of Information – Transparency and Anti-Corruption), no provision of this Agreement shall impose any obligation on a Party regarding its immigration measures.

2. Nothing in this Chapter shall be construed to impose obligations or commitments with respect to other Chapters of this Agreement.

Article 11.7: Dispute Settlement

1. Neither Party shall have recourse to dispute settlement under Chapter 30 (Dispute Settlement) regarding a refusal to grant temporary entry unless:

(a) the matter involves a pattern of practice; and

(b) the business persons affected have exhausted all available administrative remedies regarding the particular matter.

2. The remedies referred to in paragraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the other Party within a reasonable period of time after the date of the institution of proceedings for the remedy, including any proceedings for review or appeal, and the failure to issue such a determination is not attributable to delays caused by the business persons concerned.

Article 11.8: Cooperation on return and readmissions

The Parties shall endeavour to cooperate on the return and readmission of business persons staying in the territory of a Party, where such business person is in contravention of the host Party’s measures relating to temporary entry.

Footnotes

[1] For the United Kingdom, this includes the continued application of all social security measures.

...

ANNEX 1
STATUS OF FORCES

Article 1
Respect for Local Law

Subject to Articles 2 and 3 below, members of a Visiting Force and its Civilian Component and Dependants shall respect the laws and regulations of the Receiving State.

Article 2
Disciplinary Matters

(1) The Sending State shall have the right to exercise administrative and disciplinary authority over members of a Visiting Force and its Civilian Component in accordance with its laws and regulations. Each Party shall, upon request from the other Party, convey to the requesting Party their respective defence force disciplinary laws and regulations.

(2) In the case of behaviour that is liable to disciplinary action in the territory of the Receiving State (where practicable), the Sending State shall inform the Receiving State of the nature of the possible disciplinary punishment before carrying it out.

(3) The Receiving State may request that any member of the Visiting Force or its Civilian Component be repatriated to the Sending State for the carrying out of the given disciplinary punishment.

Article 3
Criminal Jurisdiction

(1) Subject to the provisions of this Article:

(a) the Receiving State shall have criminal jurisdiction over the members of a Visiting Force and its Civilian Component and Dependants with respect to offences committed within the territory of the Receiving State and punishable by the laws of the Receiving State; and

(b) the Sending State shall have the right to exercise within the Receiving State all criminal jurisdiction conferred on it by its laws over members of a Visiting Force and its Civilian Component and Dependants.

(2) Subject to the provisions of this Article:

(a) the Receiving State shall have the right to exercise exclusive jurisdiction over members of a Visiting Force and its Civilian Component and Dependants with respect to offences punishable by the laws of the Receiving State but not by the laws of the Sending State; and

(b) the Sending State shall have the right to exercise exclusive jurisdiction over members of a Visiting Force and its Civilian Component and Dependants with respect to offences punishable by the laws of the Sending State but not by the laws of the Receiving State.

(3) In cases where the right to exercise jurisdiction is concurrent, the following rules shall apply:

(a) the Sending State shall have the primary right to exercise jurisdiction over members of a Visiting Force and its Civilian Component who are subject to the laws of the Sending State in relation to:

(i) offences solely against the property or security of the Sending State, or offences solely against the person or property of another member of a Visiting Force or its Civilian Component or Dependants; and

(ii) offences arising out of an act or omission done in the performance of official duty.

(b) in the case of any other offence, the Receiving State shall have the primary right to exercise jurisdiction.

(c) if a Party with the primary right to exercise jurisdiction elects not to do so, the Party shall notify the other Party as soon as it is practicable.

(d) a Party may request the other Party to waive its primary right to exercise jurisdiction.

(e) either Party with the primary right to exercise jurisdiction shall give sympathetic consideration to a request for waiver from the other Party. Such a decision may be given on conditions, which may include that proceedings be commenced by the requesting Party.

(f) the Parties shall notify each other as soon as practicable of the disposition of all cases where the right to exercise jurisdiction is concurrent.

(4) Within the scope of their legal competence, the Parties shall cooperate in the arrest of members of a Visiting Force or its Civilian Component or a Dependant in the territory of the Receiving State accused of an offence and in handing them over to the authorities of the Party that is to exercise jurisdiction in accordance with this Article.

(5) The Sending State shall give prompt notification to the Receiving State of the arrest or detention of any member of a Visiting Force or its Civilian Component or a Dependant where that person is subject to the primary jurisdiction of the Receiving State.

(6) The Receiving State shall promptly notify the Sending State of the filing of any complaint against, or the arrest or detention of, any member of a Visiting Force or its Civilian Component or Dependants.

(7) Within the scope of its legal competence, where the Receiving State is to exercise jurisdiction over a member of a Visiting Force or its Civilian Component or a Dependant, it shall give sympathetic consideration to a request from the Sending State that the Sending State be entrusted with that person’s custody pending conclusion of all judicial proceedings. Upon request, within the scope of its legal competence, the Sending State shall make available, for the purposes of investigation or trial, any such person who is in its custody over whom the Receiving State is to exercise jurisdiction.

(8) Within the scope of their legal competence, the Parties shall cooperate in the investigation of offences, including the collection and production of evidence to the Party that is to exercise jurisdiction in accordance with the above provisions. The provision of evidence may be made subject to the condition of its return within any reasonable time specified by the Party delivering it.

(9) Any person that has been convicted or acquitted for an offence by one Party in accordance with this Article may not be tried again by the other Party for an offence that is substantially the same.

(10) Whenever a member of a Visiting Force or its Civilian Component or a Dependant is taken into custody, detained or prosecuted by the Receiving State, he or she shall be accorded all generally accepted procedural safeguards pursuant to the international law obligations of the Receiving State and no less than those provided to the nationals of the Receiving State. At a minimum, he or she shall be accorded the following procedural safeguards:

(a) to a prompt and speedy trial;

(b) to be informed in advance of the trial of the specific charge or charges made against him or her and to have reasonable time to prepare a defence;

(c) to be confronted with the witnesses against him or her and to cross examine such witnesses;

(d) to present evidence in his or her defence and to have compulsory process for the calling of witnesses if they are within the jurisdiction of the Receiving State;

(e) to have legal representation of his or her own choice for his or her defence or to have free or assisted legal representation in accordance with conditions prevailing in the Receiving State;

(f) to have the services of a competent interpreter;

(g) to communicate with a representative of his or her Government and, when the rules of the court permit, to have a representative of that Government present at his or her trial;

(h) to be present at his or her trial, which shall be public (unless otherwise specified under the law of the Receiving State);

(i) to seek a writ of habeas corpus;

(j) to have the right to bail, subject to the pertinent laws and regulations of the Receiving State;

(k) to have the right not to be compelled to testify against himself or herself; and

(l) not to be held guilty for a criminal offence on account of any act or omission which did not constitute a criminal offence under either the law of the Receiving State or international law at the time it was committed.

(11) Where the Receiving State is to exercise jurisdiction over members of a Visiting Force or its Civilian Component or Dependants, proceedings shall only be commenced in the courts of ordinary jurisdiction of the Receiving State and members of a Visiting Force or its Civilian Component or Dependants shall not be subject to the jurisdiction of the military of the Receiving State.

Article 4
Conditions of Entry and Departure

(1) The authorities of the Receiving State shall facilitate the entry of the Visiting Force, its Civilian Component and Dependants into and their departure from the Receiving State for the purposes of cooperative activities. Unless otherwise mutually determined by the Parties, the Sending State shall communicate as far as practicable in advance to the authorities of the Receiving State the estimated date of arrival and identity of such persons entering the Receiving State pursuant to this Agreement.

(2) Subject to compliance with the requirement of the Receiving State relating to entry and departure, members of a Visiting Force shall be exempt from any requirement to apply for a visa on entering and departing the Receiving State.

(3) The authorities of the Receiving State shall permit members of the Visiting Force to enter into or depart from the Receiving State with:

(a) a valid passport or military identification card;

(b) an individual or collective travel document issued by the authorities of the Sending State identifying the individual or group as a member or members of a Visiting Force, and authorising the travel; and

(c) if applicable, such documents as may be issued by the authorities of the Sending State in satisfaction of the national health and quarantine requirements of the Receiving State.

(4) The authorities of the Receiving State shall permit members of a Civilian Component or Dependants to enter into or depart from the Receiving State with:

(a) a valid passport and any necessary visa; and

(b) shall be so described in their passports, including any applicable certificate issued by the authorities of the Sending State certifying that the holder is a member of a Civilian Component or a Dependant.

(5) The Receiving State may oblige members of the Visiting Force and its Civilian Component and Dependants to produce a document in satisfaction of its national health, biosecurity and quarantine laws and regulations. The Receiving State shall provide reasonable prior notice of any requirements in this regard.

(6) Nothing in this Article shall confer upon a member of a Visiting Force or its Civilian Component or a Dependant any right to permanent residence or domicile in the Receiving State.

(7) If any person, other than a national of, or a person otherwise entitled to remain in, the Receiving State ceases to be a member of a Visiting Force or its Civilian Component or a Dependant, the Sending State shall:

(a) promptly inform the Receiving State, giving such reasonable particulars as they may require; and

(b) promptly take appropriate steps to effect the departure of that person from the territory of the Receiving State, unless the Receiving State allows the person to remain in its territory.

(8) If the removal from the Receiving State of a member of a Visiting Force or its Civilian Component or a Dependant is reasonably requested by the Receiving State or required by the law of the Receiving State, the Sending State shall:

(a) promptly take reasonable steps to effect the departure of that person from the territory of the Receiving State; and

(b) meet any reasonable costs incurred by the Receiving State in removing that person from the territory of the Receiving State.

Article 5
Diplomatic Clearances, Movements, Harbour and Airport Charges and Fees

(1) The Receiving State shall provide the appropriate permanent or occasional flight or ship diplomatic clearances, for State and military aircraft and vessels, to the Sending State by diplomatic channels.

(2) Aircraft and vessels operated by or for the Visiting Forces and its Civilian Component may enter the Receiving State upon approval by the authorities of the Receiving State in connection with activities mutually approved by the Parties.

(3) Subject to rights of passage and general rights and duties of coastal states under international law, the authorities of the Receiving State retain the right to prescribe the routes to be used and may impose restrictions on movements within the Receiving State and prohibit access to and passage through specified areas, airspace or facilities.

(4) Vessels belonging to the Visiting Force or its Civilian Component may, with the consent of the Authorities of the Receiving State, visit ports of the Receiving State for the purpose of training, exercises or other activities mutually approved by the Parties upon reasonable notification and in accordance with normal international practice.

(5) The Authorities of the Receiving State shall, subject to Article 1 of this Annex, allow individual members of the Visiting Force and the Civilian Component freedom of movement in the territory of the Receiving State for the purpose of lawful activities.

(6) The Visiting Force shall be subject to the same conditions in respect of harbour and airport charges and fees, as vessels and aircraft of the Receiving State’s Force.

(7) Official vehicles of the Visiting Force shall be subject to the same conditions in respect of any tax or fee for the use of roads as the Receiving State’s Force.

Article 6
Importation and Exportation

(1) In this Article, “duty” means any duty, tax, fee, charge or levy, including sales tax, customs duty, excise duty and goods and services tax, payable on importation or exportation except those that are no more than charges for services rendered.

(2) Official documents under official seal of the Sending State shall not be subject to customs inspection. A certificate stating that the package contains solely official documents shall accompany the package. Samples of the official seals shall be lodged with the authorities of the Receiving State.

(3) A Visiting Force may import free of duty its motor vehicles, equipment, supplies, including weapons, ammunition and other explosive devices, materials and other goods such as but not limited to medical instruments and machinery, and pharmaceutical products including drugs, blood and blood products, for the exclusive and official use of, but at the time of import not intended for sale by, the Visiting Force or a member of its Civilian Component. Where required by the Receiving State, the Sending State shall present to the relevant Receiving State customs documents relevant to such items which both Parties have mutually determined to provide, and a certificate, the form of which has been accepted by both Parties, signed by the person authorised by the Sending State. The Receiving State may request that the name of the person authorised to sign certificates including samples of his or her signature and seals used are communicated to them in advance.

(4) A member of a Visiting Force or its Civilian Component or a Dependant may import free of duty reasonable quantities of personal effects, furniture and household goods, other than motor vehicles, cigarettes, cigars, tobacco and spirituous liquors, provided that:

(a) they are imported at the time of first arrival of the member of a Visiting Force or its Civilian Component or Dependant in the Receiving State, or within six (6) months thereafter; and

(b) they remain in the use, ownership and possession of, or are consumed by that person.

(5) A member of a Visiting Force or its Civilian Component may import into the Receiving State for personal use one motor vehicle free of duty and taxes in accordance with the legislation of the Receiving State.

(6) Items which have been imported free of duty under paragraphs 3, 4 or 5 of this Article:

(a) may be exported free of duty or any restriction, provided that the appropriate Government authorities of the Receiving State may require verification that goods exported have been imported under the conditions of paragraphs 3, 4 or 5 of this Article as the case may be; and

(b) may not be transferred to another person, operated, sold, traded, exchanged, hired out, donated or otherwise disposed of for financial gain in the Receiving State without the express approval of the Government of the Receiving State and in compliance with the laws of the Receiving State, especially if weaponry, arms and ammunition are concerned.

(7) If the express approval of the appropriate Government authorities of the Receiving State is obtained, items which have been imported free of duty under paragraph 3 of this Article may, if they are owned by the Sending State and in the use of a Visiting Force or its Civilian Component, be disposed of in the Receiving State by public sale, auction, tender or private treaty, provided that:

(a) before doing so the Sending State shall first offer them for sale to the Government of the Receiving State at a reasonable price having regard to their condition and other relevant circumstances, unless the latter shall have indicated that it is not interested in their acquisition; and

(b) in so disposing of stores or goods the Sending State shall be liable to pay any duty which would be payable on items so disposed of in accordance with the law of the Receiving State.

(8) The arrangements in paragraph 7 of this Article shall cover only the sale or disposal of unforeseen surpluses or damaged items of official stores and equipment. Any such sale or disposal shall not be made in a manner or with such frequency as seriously to compete with or adversely affect legitimate trade or industry in the territory of the Receiving State. The Government of the Receiving State and the Government of the Sending State shall at the request of the other Government be ready at any time to enter into discussions for this purpose should it appear necessary to that other Government.

(9) The Receiving State may require a member of a Visiting Force or its Civilian Component to provide security or undertakings for, or verification of, compliance with the provisions of paragraphs 4, 5 and 6 of this Article.

(10) The Sending State shall be permitted to import into and export from the Receiving State, free of duty, all fuel, oil and lubricants intended for exclusive use in official vehicles, aircraft and vessels used in connection with cooperative activities.

(11) Subject to the preceding provisions, the Sending State shall take appropriate measures to ensure that the Visiting Force, its Civilian Component and Dependants shall pay any duty and fines due to the Receiving State.

(12) The benefits provided under paragraphs 3, 4, 5, 6(a) and 10 of this Article and paragraph 1 of Article 8 shall apply to the extent permitted by the laws and regulations of the Receiving State.

Article 7
Importation, Transportation, Storage, Use and Carriage of Weapons, Ammunition and Dangerous Goods

(1) Members of the Visiting Force may possess and carry weapons when authorised to do so by orders issued by the Sending State and in circumstances previously approved by the Receiving State.

(2) Weapons, ammunition and dangerous goods of the Visiting Force shall be imported, transported, stored and used in accordance with the laws, regulations and policies of the Receiving State.

(3) The Receiving State shall specify, in consultation with the Sending State, the quantity and type of weapons, ammunition and dangerous goods which may be imported, transported, stored and used in the Receiving State.

Article 8
Local Purchases and Employment

(1) The Sending State and its contractors shall endeavour to purchase local goods and services required for the purpose of conducting cooperative activities while in the Receiving State to the greatest extent practicable provided they are available at a price no less favourable than and subject to the same terms in respect of any tax or fee as the Receiving State’s Force and are of the standard required.

(2) The Sending State and its contractors may engage local labour while in the Receiving State. The conditions of employment and work shall comply with the minimum standards laid down by local laws and regulations of the Receiving State.

(3) Local civilian workers engaged by the Visiting Force or Civilian Component or a Dependant shall not be regarded as being members of a Visiting Force or its Civilian Component under this Agreement, unless otherwise mutually determined.

Article 9
Personal Taxation

Other than for taxes and duties for which provision is made under this Agreement, the liability for taxes and duties of a member of a Visiting Force or its Civilian Component or a Dependant shall be governed by any applicable agreement in force between the Parties in relation to such taxes or duties that has been implemented under the laws of both Parties.

Article 10
Uniforms

Members of a Visiting Force may wear the uniform and military insignia of their Force while performing their official duties.

Article 11
Security

(1) The Parties shall cooperate and take appropriate measures in accordance with the laws and regulations of the Receiving State to ensure the security of the installations and areas made available to the Visiting Force, and of their property, official records and information.

(2) The Sending State shall have the right to maintain military police for the maintenance of good order and discipline within the Visiting Force.

(3) The Receiving State shall be responsible for security outside the installations and areas made available to the Visiting Force.

(4) Subject to paragraph 3 of this Article, members of the Visiting Force may, with the consent of and in liaison with the Receiving State, be employed outside the installations and areas used by a Visiting Force, in so far as such employment is consistent with the law of the Receiving State and is necessary to protect the security of the installations and areas made available to the Visiting Force or to maintain good order and discipline among the members of a Visiting Force.

Article 12
Driving Licences and Official Vehicles

(1) The Parties shall mutually determine applicability of exemptions to the Sending State’s Visiting Force and its Civilian Component from registration and licensing laws for the possession or operation of vehicles, aircraft, vessels and other equipment necessary for the purposes of cooperative activities.

(2) The Receiving State shall accept as valid, without a driving test or fee, the driving permit or licence issued by the Sending State to a member of a Visiting Force for the purpose of driving official vehicles in the course of his or her official duty. Permits and licences will have a translation of the official language of the Receiving State.

(3) Official vehicles, excluding vehicles hired in the Receiving State, shall carry, in addition to the registration number issued by the Sending State, a distinctive nationality mark, but shall not be required to be registered by the Receiving State.

Article 13
Licensing and Qualification of Trades and Medical Professionals

(1) Subject to paragraph 2 of this Article, members of the Visiting Force and Civilian Component with current and valid professional, technical or trade licences and qualifications issued by the Sending State shall be allowed to perform their relevant official duties within the Receiving State and shall not be required by the Receiving State to obtain any permission (whether in the form of registration, licence or otherwise) to conduct such official duties as a member of the Visiting Force or Civilian Component.

(2) Medical professionals, who are members of the Visiting Force or Civilian Component, shall be allowed to provide medical treatment, prescribe and dispense medicinal drugs, and use medical products or devices in the Receiving State for the benefit of the members of the Visiting Force and the Civilian Component. Such medical professionals who are members of the Visiting Force or Civilian Component shall not provide medical treatment, prescribe or dispense medicinal drugs, or use medical products or devices for the benefit of the general public in the Receiving State without the prior consent of the Receiving State.

Article 14
Communications

(1) Any installation of the Visiting Force’s telecommunication system is subject to authorisation from the Receiving State. Requests for such installation shall be given fair and expedient consideration by the Receiving State. The construction, maintenance and operation of such communication systems shall be carried out as mutually determined by the Parties.

(2) The Visiting Force shall only use the frequencies allocated to it by the Receiving State. The procedure for allocation, change, withdrawal or return of frequencies shall be mutually determined by the Receiving State and the Sending State. The Visiting Force may operate communication and information systems for official communications in accordance with arrangements mutually determined with the Receiving State.

(3) The Visiting Force shall take reasonable measures to avoid interference with communication networks in the Receiving State by their own communications or other electrical installations. The Receiving State shall take reasonable measures to avoid interference with the communications facilities of Visiting Forces by communications or other electrical installations operated in the Receiving State.

Article 15
Public Health, Biosecurity and Medical Treatment

(1) Members of a Visiting Force shall be medically and dentally fit to conduct any cooperative activity upon entry into the Receiving State.

(2) Unless otherwise mutually determined by the Parties, any medical or dental treatment provided in the facilities of the Receiving State, or by personnel of the Receiving State on request, shall be provided on a full cost recovery basis, including aeromedical evacuation.

(3) The Sending State shall ensure that members of its Visiting Force, Civilian Component and Dependants when entering and present in the Receiving State comply with all biosecurity laws and regulations. Unless otherwise agreed between the Parties, all costs in relation to meeting the Receiving States biosecurity requirements shall be met by the Sending State.

Article 16
Environmental Protection

(1) Both Parties shall implement this Agreement in a manner consistent with the protection of the environment, cultural heritage and human health and safety in the Receiving State.

(2) Upon request, the Parties shall consult and exchange appropriate information regarding issues that could affect the environment, cultural heritage, and human health and safety in the Receiving State.

(3) The Sending State shall, in cooperation with the Receiving State, promptly take appropriate measures to address any damage or potential damage to the environment, cultural heritage, and human health and safety, having regard to the laws and regulations of the Receiving State and upon consultation between the Parties.

Article 17
Deceased Members

(1) The death of a member of the Visiting Force or its Civilian Component or a Dependant, in the Receiving State, hereinafter referred to as “the Deceased”, shall be declared to the Receiving State. The death of the Deceased shall be certified by a doctor appointed by the Receiving State who shall issue a certificate.

(2) If the Receiving State orders an autopsy of the Deceased, the Sending State may nominate a representative to attend the autopsy. Subject to the laws and regulations of the Receiving State, and in so far as practicable the Sending State will be consulted in respect to the conduct of autopsies.

(3) If permitted pursuant to the laws and regulations of the Receiving State, the Sending State shall have the right to take and retain charge of and make arrangements for the disposition of the remains of the Deceased upon notification from the Receiving State. If requested and where circumstances permit, the Receiving State shall assist with arrangements for the return of the Deceased’s remains to the Sending State.

(4) If a member of the Visiting Force or its Civilian Component is believed to be dead but his or her remains have not been recovered, the Receiving State shall permit the Sending State to be involved in the search for and recovery of those remains, subject to the Receiving State’s laws and regulations.

(5) If the remains of the Deceased are to be disposed of in the Receiving State instead of being repatriated, the Receiving State shall have regard to any requests made by the Sending State in relation to the method of such disposal. Costs of disposal in the Receiving State shall be borne by the Sending State.

Article 18
Accident Investigation

(1) Subject to international law and the law and regulations of the Receiving State, the Parties shall assist each other in carrying out all necessary investigations related to any accident or incident in the Receiving State involving only official aircraft, vessels or vehicles of the Sending State or involving official aircraft, vessels or vehicles of the Sending State and any aircraft, vessels, vehicles or personnel of the Receiving State or a third party in any way.

(2) Subject to international law and the law and regulations of the Receiving State, members of the Visiting Force and its Civilian Component shall, at the request of the authorities of the Receiving State, assist, wherever possible, the Receiving State to secure the site and take custody of all wreckage resulting from all accidents or incidents involving official aircraft, vessels or vehicles of the Sending State in the Receiving State.

(3) Any death related to the accident or incident should be treated in accordance with Article 17 of Annex 1 of this Agreement.

Addition to Article 3 - Related Arrangements:

3. For the avoidance of doubt, any reference in this Agreement to an existing or future arrangement, between the Parties, or action taken by reference to such an arrangement is not intended to alter the status of that arrangement from that of a non-legally binding instrument.

4. Annex 1 to this Agreement forms an integral part of this Agreement. The terms and conditions set out in Annex 1 shall apply to cooperation undertaken pursuant to this Agreement.

Addition to Article 1 - Scope and Purpose after 1.a:

b. the conduct of visits and exchanges, operations, exercises or other activities, such as cooperation in humanitarian assistance and disaster relief support, between the Parties;

c. the efficiency and effectiveness of sending personnel from the Sending State to the Receiving State through defining of the status of a Visiting Force and its Civilian Component;

d. the exchange of information and experiences regarding strategic defence and security issues, including information and experiences related to exercises, operations, military equipment and international peacekeeping operations;

e. reciprocal access and use of facilities and areas in the territory of a Party by the Visiting Force and Civilian Component of the other Party;

Addition of an Article 1 - Definitions (all other articles to change number order up 1):

1. In this Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland for Defence and Security Cooperation (the Agreement) and its Annexes:

a. “Civilian Component” means the civilian personnel accompanying the Visiting Force who are employed by or in its service having functions relating to defence matters and who are not nationals of, or ordinarily resident in, the Receiving State, but does not include contractors (unless otherwise mutually determined by the Parties);

b. “Classified Information” means any information or material in any form that requires protection against unauthorised disclosure or compromise, which has been designated with a security classification level in accordance with the originating Party’s laws and policies;

c. “Dependant” means a person who:

(i) is not a member of a Visiting Force or its Civilian Component; and

(ii) is not a national of or ordinarily resident in the Receiving State; and is accompanying a member of a Visiting Force or its Civilian Component and is:

(I) the Spouse of the member;

(II) wholly or mainly maintained by the member;

(III) in the custody, care or charge of the member; or

(IV) a relative of the member ordinarily residing with the member;

(iii) and will reside with the member during their stay in the Receiving State;

d. “Force” means the personnel belonging to the armed services of a Party;

e. “Receiving State” means the State of the Party in whose territory a Visiting Force is located;

f. “Sending State” means the State of the Party to which the Visiting Force belongs;

g. “Service Law” means any act, statute, order, regulation or instruction of the Sending State governing all or any of the members of a Visiting Force. Where the laws of the Sending State so provide, Service Law shall also apply to members of the Civilian Component;

h. “Spouse” means another person who:

(i) is married to a member under the law of the Sending State; or

(ii) is not married to a member, but has a relationship with a member as a couple living together on a genuine and subsisting domestic basis;

i. “Visiting Force” means any individual, body, contingent or detachment of the Force of one Party, who, with the consent of the other Party, is present in the territory of the other Party

Addition of an Article 5 - Consultation (all other articles to change number order up 1):

1. The Parties shall consult each other on contingencies that may affect their sovereignty and regional security interests, and consider measures in response.

2. With full respect for the sovereignty of each of the Parties, they recognise the Receiving State’s right to know, understand and agree to foreign military and intelligence activities conducted in, from, or through its territory and through the use of its assets. Concurrence for the presence of a capability, function or activity is to be based on a full and detailed understanding of that capability, function or activity.

Owen · 2026-07-09T09:36:23+0100

MINISTER FOR FOREIGN AFFAIRS

SECURITY CLASSIFICATION: PROTECTED

10 February 2009

Dear Secretary of State Carr,

Unfortunately due to the unfolding bushfire catastrophe in the state of Victoria, we have had to make the unfortunate decision to postpone the AUKMIN consultations. We highly regret this move, but unfortunately the full resources and Ministers of the federal government need to focus on the situation at hand. We are proposing new dates of April 3rd to April 6th.

Yours sincerely,
Kevin Rudd.

Parliament House, CANBERRA, ACT 2600
Telephone: (02) 6277 7700

Protective Marking:	Business Impact Level:	Compromise of Information Confidentiality:
UNOFFICIAL	No Business Impact	No damage. This information does not form part of official duty.
OFFICIAL	Low Business Impact	No or insignificant damage. This is the majority of routine information.
OFFICIAL: Sensitive	Low to Medium Business Impact	Limited damage to an individual, organisation or government generally if compromised.
PROTECTED	High Business Impact	Damage to the national interest, organisations or individuals.
SECRET	Extreme Business Impact	Serious damage to the national interest, organisations or individuals.
TOP SECRET	Catastrophic Business Impact	Exceptionally grave damage to the national interest, organisations or individuals.

Jamie

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AUKMIN 2009

Owen

Commonwealth of Australia

Owen

Commonwealth of Australia

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